The tryal of Roger Earl of Castlemaine for high treason in conspiring the death of the King, the subversion of the government, and introducing of popery and arbitrary power : before the Lord Chief Justice Scroggs &c. at the King's Bench Bar at Westminster the 23th of June 1680 where he was acquitted.
         Castlemaine, Roger Palmer, Earl of, 1634-1705.
      
       
         
           1681
        
      
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         A63190
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         ESTC R27542
         09933422
         ocm 09933422
         44372
         
           
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         (EEBO-TCP ; phase 1, no. A63190)
         Transcribed from: (Early English Books Online ; image set 44372)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 1369:13)
      
       
         
           
             The tryal of Roger Earl of Castlemaine for high treason in conspiring the death of the King, the subversion of the government, and introducing of popery and arbitrary power : before the Lord Chief Justice Scroggs &c. at the King's Bench Bar at Westminster the 23th of June 1680 where he was acquitted.
             Castlemaine, Roger Palmer, Earl of, 1634-1705.
             England and Wales. Court of King's Bench.
          
           68 p.
           
             Printed for S.G. and N.E. and are to be sold by Randal Taylor,
             London :
             1681.
          
           
             Reproduction of original in the Harvard University Library.
          
        
      
    
     
       
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         eng
      
       
         
           Charles -- II, -- King of England, 1630-1685.
           Trials (Treason) -- England.
           Popish Plot, 1678.
        
      
    
     
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           BY
           Vertue
           of
           an
           Order
           to
           me
           granted
           by
           the
           Lords
           Spiritual
           and
           Temporal
           in
           Parliament
           Assembled
           ,
           dated
           on
           Thursday
           the
           28th
           of
           Octob.
           1680
           ;
           I
           do
           appoint
           
             Randal
             Taylor
          
           ,
           near
           
             Stationers
             Hall
          
           ,
           to
           Print
           this
           Trial
           of
           Roger
           Earl
           of
           Castlemaine
           ,
           and
           that
           no
           other
           Person
           or
           Persons
           print
           the
           same
           .
        
         
           
             JO.
             COMBE
             .
          
           
             London
             ,
             
               Januar.
               12.
               
               1680-1
               .
            
          
        
      
       
         
         
           THE
           TRYAL
           OF
           ROGER
           EARL
           OF
           CASTLEMAINE
           FOR
           High
           Treason
           ,
           In
           Conspiring
           the
           Death
           of
           the
           KING
           ,
           The
           Subversion
           of
           the
           Government
           ,
           and
           Introducing
           of
           Popery
           and
           
             Arbitrary
             Power
          
           .
           BEFORE
           The
           Lord
           Chief
           Justice
           
             SCROGGS
             ,
             &c.
          
           At
           the
           
           KING's
           BENCH
           Bar
           at
           Westminster
           ,
           the
           23th
           June
           1680
           :
           
             Where
             he
             was
             Acquitted
          
           .
        
         
           LONDON
           ,
           Printed
           for
           
             S.
             G
          
           and
           
             N.
             E.
          
           and
           are
           to
           be
           sold
           by
           
             Randal
             Taylor
          
           near
           Stationers-Hall
           ,
           1681.
           
        
      
    
     
       
         
         
         
           THE
           TRYAL
           OF
           ROGER
           EARL
           of
           CASTLEMAINE
           .
        
         
           
             ROGER
             PALMER
          
           Esque
           Earl
           of
           Castlemaine
           in
           the
           Kingdom
           of
           Ireland
           ,
           having
           been
           Arraigned
           at
           the
           
             Kings
             Bench
          
           Bar
           the
           Sixteenth
           of
           June
           1680
           ,
           for
           High
           Treason
           :
           To
           which
           he
           Pleaded
           
             Not
             Guilty
             ,
             &c.
          
           
        
         
           On
           Wednesday
           the
           23th
           of
           June
           1680
           ,
           being
           appointed
           for
           his
           Trial
           ,
           the
           Court
           being
           sate
           ,
           and
           the
           usual
           Formalities
           perform'd
           ,
           the
           Lieutenant
           of
           the
           Tower
           delivered
           him
           into
           Court
           ,
           and
           then
           the
           said
           Court
           proceeded
           as
           followeth
           .
        
         
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             Cryar
             ,
             Make
             Proclamation
             .
          
        
         
           Proclamation
           for
           silence
           .
        
         
           
             Cryer
             ,
          
           
             O
             yes
             !
             Our
             Soveraign
             Lord
             the
             King
             doth
             strictly
             charge
             and
             command
             all
             manner
             of
             Persons
             to
             keep
             silence
             upon
             pain
             of
             Imprisonment
             .
          
           
             O
             yes
             !
             If
             any
             one
             can
             inform
             our
             Soveraign
             Lord
             the
             King
             ,
             the
             Kings
             Serjeant
             at
             Law
             ,
             the
             Kings
             Attourney
             General
             ,
             or
             this
             Inquest
             ,
             now
             to
             be
             taken
             of
             the
             High
             Treason
             ,
             whereof
             
               Roger
               Palmer
            
             Esq
             ;
             Earl
             of
             Castlemain
             in
             the
             Kingdom
             of
             Ireland
             ,
             stands
             Indicted
             ,
             let
             them
             come
             forth
             and
             they
             shall
             be
             heard
             ;
             for
             the
             Prisoner
             stands
             at
             the
             Bar
             upon
             his
             deliverance
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             Cryer
             ,
             Make
             an
             O
             yes
             .
          
        
         
           
             Cryer
             ,
          
           
             O
             yes
             !
             You
             good
             Men
             that
             are
             empannelled
             to
             enquire
             ,
             between
             our
             Soveraign
             Lord
             the
             King
             and
             
               Roger
               Palmer
            
             Esq
             ;
             Earl
             of
             Castlemain
             within
             the
             Kingdom
             of
             Ireland
             ,
             answer
             to
             your
             Names
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             
               Roger
               Palmer
            
             Esq
             ;
             Earl
             of
             Castlemain
             in
             the
             Kingdom
             of
             Ireland
             ,
             hold
             up
             thy
             hand
             .
             These
             good
             Men
             that
             were
             lately
             called
             and
             now
             here
             appear
             ,
             are
             to
             pass
             between
             our
             Soveraign
             Lord
             the
             King
             and
             you
             upon
             your
             Life
             or
             Death
             ,
             if
             you
             challenge
             any
             of
             them
             ,
             you
             must
             speak
             as
             they
             come
             to
             the
             Book
             to
             be
             Sworn
             ,
             and
             before
             they
             are
             Sworn
             .
          
        
         
           
             JURY
             .
          
           
             Sir
             
               John
               Cutler
            
             Knight
             and
             Baronet
             .
          
           
             Sir
             
               Reginald
               Foster
            
             Baronet
             .
          
           
             Henry
             Herriott
             
               Esq
            
          
           
             Richard
             Cheney
             
               Esq
            
          
           
             Thomas
             Johnson
             
               Esq
            
          
           
             John
             Robert's
             
               Esq
            
          
           
             Francis
             Dorrington
             
               Esq
            
          
           
             Hugh
             Squire
             
               Esq
            
          
           
             
             Charles
             Good
             
               Esq
            
          
           
             John
             Pulford
             
               Esq
            
          
           
             Edward
             Claxton
             
               Esq
            
          
           
             Francis
             Mayhew
             Gent.
             
          
        
         
           
             Cryer
             ,
          
           
             O
             Yes
             ,
             Our
             Soveraign
             Lord
             the
             King
             doth
             strictly
             charge
             and
             command
             all
             manner
             of
             Persons
             to
             keep
             silence
             upon
             pain
             of
             Imprisonment
             .
          
        
         
           
             C.
             of
             the
             Crown
             .
          
           
             
               Roger
               Palmer
            
             Esq
             ;
             Earl
             of
             Castlemain
             in
             the
             Kingdom
             of
             Ireland
             ,
             hold
             up
             your
             hand
             .
          
           
             You
             Gentlemen
             of
             the
             Jury
             that
             are
             now
             Sworn
             look
             upon
             the
             Prisoner
             and
             hearken
             to
             his
             charge
             .
          
           
             You
             shall
             understand
             that
             he
             stands
             Indicted
             by
             the
             Name
             of
             
               Roger
               Palmer
            
             Esq
             ;
             Earl
             of
             Castlemain
             in
             the
             Kingdom
             of
             Ireland
             ;
             for
             that
             he
             as
             a
             false
             Traytor
             against
             our
             most
             Illustrious
             and
             Excellent
             Prince
             and
             Lord
             ,
             Charles
             the
             Second
             ,
             by
             the
             Grace
             of
             God
             of
             
               England
               ,
               Scotland
               ,
               France
            
             and
             Ireland
             King
             ,
             Defender
             of
             the
             Faith
             ,
             &c.
             and
             his
             Natural
             Lord
             ;
             not
             having
             the
             Fear
             of
             God
             before
             his
             Eyes
             ,
             nor
             weighing
             the
             Duty
             of
             his
             Allegiance
             ,
             but
             being
             moved
             and
             seduced
             by
             the
             Instigation
             of
             the
             Devil
             ,
             his
             Cordial
             Love
             ,
             true
             due
             and
             Natural
             Obedience
             ,
             which
             true
             and
             Faithful
             Subjects
             of
             our
             said
             Soveraign
             Lord
             the
             King
             ought
             to
             bear
             towards
             him
             ,
             altogether
             withdrawing
             ,
             and
             contriving
             ,
             and
             with
             all
             his
             might
             intending
             ,
             to
             disturb
             the
             Peace
             and
             common
             Tranquility
             of
             this
             Kingdom
             ,
             and
             to
             bring
             and
             put
             our
             Soveraign
             Lord
             the
             King
             to
             Death
             and
             final
             Destruction
             ,
             and
             alter
             the
             true
             Worship
             of
             God
             within
             this
             Kingdom
             established
             to
             the
             Superstition
             of
             the
             Romish
             Church
             ,
             and
             to
             stir
             up
             and
             move
             War
             against
             our
             said
             Soveraign
             Lord
             the
             King
             within
             this
             Realm
             of
             England
             ,
             and
             to
             subvert
             the
             Government
             thereof
             ,
             the
             Twentieth
             day
             of
             June
             in
             the
             Thirtieth
             Year
             of
             the
             Reign
             of
             our
             said
             Soveraign
             Lord
             ,
             Charles
             the
             Second
             ,
             of
             
               England
               ,
               Scotland
               ,
               France
            
             and
             Ireland
             ,
             King
             ,
             Defender
             
             of
             the
             Faith
             ,
             &c.
             at
             the
             parish
             of
             St.
             
               Giles
               in
               the
               Fields
            
             in
             the
             County
             of
             Midd.
             with
             divers
             other
             false
             Traitors
             ,
             to
             the
             Jurors
             unknown
             ,
             did
             traiterously
             imagine
             and
             intend
             the
             killing
             ,
             death
             and
             final
             destruction
             of
             our
             said
             Lord
             the
             King
             ,
             and
             to
             change
             and
             alter
             and
             utterly
             subvert
             the
             Ancient
             Government
             of
             this
             Kingdom
             ,
             and
             to
             depose
             and
             wholly
             to
             deprive
             our
             said
             Lord
             the
             King
             of
             his
             Crown
             and
             Government
             of
             this
             Realm
             of
             England
             ,
             and
             to
             extirpate
             the
             true
             Protestant
             Religion
             :
             And
             to
             accomplish
             and
             fulfil
             the
             same
             most
             wicked
             Treasons
             and
             Traiterous
             Imaginations
             and
             Purposes
             aforesaid
             ,
             the
             said
             
               Roger
               Palmer
            
             Esq
             ;
             Earl
             of
             Castlemain
             in
             the
             Kingdom
             of
             Ireland
             ,
             and
             other
             false
             Traitors
             ,
             to
             the
             Jurors
             unknown
             ,
             the
             same
             Twentieth
             day
             of
             June
             ,
             in
             the
             Thirtieth
             Year
             aforesaid
             ,
             with
             force
             and
             Arms
             ,
             in
             the
             Parish
             of
             St.
             
               Giles
               in
               the
               Fields
            
             aforesaid
             ,
             in
             the
             County
             aforesaid
             ,
             Advisedly
             ,
             Devilishly
             ,
             Maliciously
             ,
             and
             Traiterously
             ,
             did
             assemble
             ,
             unite
             ,
             and
             gather
             themselves
             together
             ,
             and
             then
             and
             there
             ,
             Advisedly
             ,
             Devilishly
             ,
             Maliciously
             ,
             Subtily
             ,
             and
             Traiterously
             did
             consult
             and
             agree
             ,
             to
             bring
             our
             said
             Soveraign
             Lord
             the
             King
             to
             Death
             and
             Final
             Destruction
             ,
             and
             to
             deprive
             him
             of
             his
             Crown
             and
             Government
             of
             England
             ,
             and
             to
             Introduce
             and
             Establish
             the
             Religion
             of
             the
             Church
             of
             Rome
             in
             this
             Kingdom
             ;
             and
             the
             sooner
             to
             fulfil
             and
             accomplish
             the
             same
             most
             wicked
             Treasons
             and
             Traiterous
             imaginations
             and
             purposes
             aforesaid
             ,
             he
             then
             and
             there
             did
             Falsly
             ,
             Maliciously
             ,
             and
             Trayterously
             promise
             divers
             great
             Rewards
             ,
             and
             did
             pay
             divers
             Sums
             of
             Money
             to
             several
             Persons
             unknown
             ;
             and
             then
             and
             there
             falsly
             and
             traiter
             ously
             did
             write
             divers
             Notes
             ,
             to
             incite
             several
             other
             Persons
             to
             accomplish
             the
             Treasons
             aforesaid
             ,
             against
             the
             Life
             of
             our
             Soveraign
             Lord
             the
             King
             ,
             his
             Crown
             and
             Dignity
             ,
             and
             contrary
             to
             the
             form
             of
             the
             Statute
             in
             such
             Case
             made
             and
             provided
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             Upon
             this
             Indictment
             he
             hath
             been
             Arraigned
             ,
             and
             hath
             pleaded
             thereunto
             Not
             
             Guilty
             ,
             and
             for
             his
             Tryal
             he
             puts
             himself
             upon
             God
             and
             his
             Countrey
             ,
             which
             Countrey
             you
             are
             .
          
           
             Your
             charge
             is
             to
             inquire
             ,
             Whether
             he
             be
             Guilty
             of
             the
             High
             Treason
             whereof
             he
             stands
             Indicted
             ,
             or
             not
             Guilty
             ?
             If
             you
             find
             him
             guilty
             ,
             you
             are
             to
             inquire
             ,
             What
             Goods
             and
             Chattles
             ,
             Lands
             and
             Tenements
             ,
             he
             had
             at
             the
             time
             when
             the
             High
             Treason
             was
             committed
             ,
             or
             at
             any
             time
             since
             ?
             If
             you
             find
             him
             not
             Guilty
             ,
             you
             are
             to
             say
             so
             and
             no
             more
             ;
             and
             hear
             your
             Evidence
             .
          
        
         
           
             Cryer
             ,
          
           
             O
             yes
             ,
             If
             any
             one
             will
             give
             Evidence
             on
             the
             behalf
             of
             our
             Soveraign
             Lord
             the
             King
             ,
             against
             
               Roger
               Palmer
            
             Esq
             ;
             Earl
             of
             Castlemain
             in
             the
             Kingdom
             of
             Ireland
             ,
             let
             him
             come
             forth
             and
             he
             shall
             be
             heard
             ;
             for
             the
             Prisoner
             now
             stands
             at
             the
             Bar
             upon
             his
             deliverance
             .
          
        
         
           
             M.
             Bonithon
             ,
          
           
             May
             it
             please
             you
             my
             Lord
             ,
             and
             you
             Gentlemen
             of
             the
             Jury
             ,
             the
             Prisoner
             at
             the
             Bar
             stands
             Indicted
             for
             High
             Treason
             ;
             for
             that
             he
             intended
             to
             disturb
             the
             Peace
             within
             this
             Kingdom
             establish'd
             ,
             and
             to
             destroy
             and
             alter
             the
             Government
             ,
             and
             to
             bring
             the
             King
             to
             Death
             and
             Final
             Destruction
             ,
             and
             to
             alter
             our
             Religion
             to
             the
             superstition
             of
             the
             Church
             of
             Rome
             ,
             did
             on
             the
             Twentieth
             day
             of
             June
             in
             the
             Thirtieth
             Year
             of
             the
             Reign
             of
             our
             Soveraign
             Lord
             the
             King
             ,
             consult
             and
             treat
             with
             several
             other
             Persons
             ,
             and
             that
             he
             with
             these
             Persons
             ,
             did
             agree
             to
             destroy
             the
             King
             and
             alter
             the
             Religion
             ,
             and
             cause
             Rebellion
             ;
             and
             further
             to
             accomplish
             these
             Treasons
             ,
             he
             did
             promise
             and
             agree
             to
             pay
             several
             Accompts
             and
             deposite
             several
             Sums
             of
             Money
             ,
             and
             did
             likewise
             write
             and
             publish
             several
             Books
             .
          
           
             To
             this
             he
             hath
             pleaded
             Not
             Guilty
             .
             If
             we
             prove
             these
             things
             ,
             you
             are
             to
             find
             him
             Guilty
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             May
             it
             please
             your
             Lordship
             ,
             my
             Lord
             Castlemain
             here
             stands
             Indicted
             for
             
               High
               Treason
            
             ;
             that
             is
             ,
             for
             
               Designing
               to
               Murther
               the
               King
               and
               alter
               the
               Government
               and
               Law
            
             ;
             and
             this
             is
             but
             a
             parcel
             of
             the
             Plot
             ,
             which
             hath
             been
             carrying
             on
             a
             great
             while
             ,
             and
             many
             persons
             tried
             for
             it
             ;
             and
             some
             have
             suffer'd
             
             and
             been
             executed
             for
             it
             .
             And
             ,
             my
             Lord
             ,
             we
             will
             give
             your
             Lordship
             Evidence
             ,
             This
             my
             Lord
             Castlemain
             hath
             at
             several
             times
             conspired
             the
             
               Death
               of
               the
               King
            
             ,
             and
             that
             he
             hath
             reproved
             persons
             for
             not
             doing
             it
             .
             And
             ,
             my
             Lord
             ,
             he
             hath
             been
             in
             Consults
             among
             Jesuits
             ,
             where
             these
             Matters
             have
             been
             carried
             on
             ,
             and
             this
             whole
             Design
             hath
             been
             negotiated
             .
             And
             my
             Lord
             Castlemain
             hath
             been
             consenting
             and
             agreeing
             to
             all
             these
             Matters
             .
             And
             ,
             my
             Lord
             ,
             when
             the
             Trials
             were
             in
             hand
             ,
             it
             did
             appear
             upon
             those
             Trials
             there
             were
             many
             persons
             brought
             from
             
               St.
               Omers
            
             to
             be
             Witnesses
             against
             Dr.
             Oates
             ,
             to
             prove
             he
             was
             not
             in
             England
             at
             that
             time
             when
             he
             said
             in
             his
             Depositions
             that
             he
             did
             consult
             with
             the
             Jesuits
             ;
             and
             these
             persons
             my
             Lord
             Castlemain
             had
             the
             management
             and
             instruction
             of
             at
             that
             time
             .
             And
             all
             along
             at
             the
             
               Old
               Baily
            
             my
             Lord
             Castlemain
             was
             present
             there
             ,
             and
             did
             countenance
             these
             persons
             ,
             and
             was
             an
             Intercessor
             for
             them
             .
             These
             are
             but
             Branches
             and
             Circumstances
             ,
             what
             is
             material
             we
             will
             prove
             by
             Witnesses
             .
          
        
         
           
             Art.
             Gen.
             
          
           
             Come
             Doctor
             Oates
             ,
             Pray
             tell
             what
             you
             know
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             I
             have
             a
             long
             time
             wished
             for
             this
             day
             ;
             and
             your
             Lordship
             may
             very
             well
             remember
             it
             .
             The
             reason
             why
             I
             have
             so
             much
             desired
             a
             Trial
             ,
             is
             because
             I
             thought
             it
             a
             means
             ,
             and
             the
             best
             means
             ,
             and
             the
             only
             means
             to
             shew
             to
             the
             World
             my
             Innocency
             ,
             and
             also
             to
             shew
             to
             the
             World
             how
             much
             I
             have
             been
             calumniated
             by
             this
             Charge
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             have
             you
             to
             say
             ?
             Have
             you
             any
             thing
             to
             say
             against
             Doctor
             Oates
             ?
          
        
         
           
             Prisoner
             ,
          
           
             No
             ,
             my
             Lord.
             I
             only
             say
             this
             ,
             here
             I
             am
             a
             Prisoner
             at
             the
             Bar
             ,
             and
             I
             have
             pleaded
             not
             Guilty
             ,
             and
             throw
             my self
             upon
             this
             Court
             ;
             and
             therefore
             I
             am
             very
             willing
             to
             hear
             what
             this
             man
             will
             say
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             humbly
             move
             the
             Court.
             Whether
             or
             no
             ,
             I
             may
             use
             my
             own
             Method
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             Give
             your
             Charge
             ,
             we
             direct
             nothing
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             In
             the
             year
             1677
             ,
             I
             was
             sent
             
             ever
             into
             Spain
             by
             the
             Jesuits
             that
             were
             here
             in
             England
             ;
             where
             I
             remained
             for
             several
             months
             ,
             and
             transacted
             Business
             for
             them
             ;
             and
             my
             Lord
             ,
             I
             returned
             from
             Spain
             in
             November
             ,
             and
             brought
             several
             Letters
             from
             some
             English
             Fathers
             there
             ;
             among
             which
             there
             was
             one
             directed
             for
             my
             Lord
             Castlemain
             .
             My
             Lord
             ,
             I
             did
             not
             deliver
             the
             Letter
             to
             him
             ,
             but
             my
             Lord
             ,
             the
             Contents
             of
             the
             Letter
             were
             to
             this
             effect
             —
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             came
             you
             to
             see
             the
             Contents
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             was
             at
             the
             writing
             of
             the
             Letter
             ,
             and
             so
             I
             did
             see
             the
             Contents
             of
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             the
             Priests
             shew
             it
             to
             you
             ?
             Or
             did
             you
             only
             see
             it
             yourself
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord
             ;
             It
             was
             shewn
             me
             by
             them
             :
             And
             the
             Contents
             of
             this
             Letter
             were
             ,
             That
             the
             Fathers
             in
             Spain
             were
             very
             zealous
             to
             concur
             with
             the
             Fathers
             here
             in
             England
             in
             the
             Design
             ,
             which
             was
             the
             Subversion
             of
             the
             Government
             ,
             altering
             the
             Religion
             ,
             and
             the
             Destruction
             of
             the
             King.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             that
             in
             the
             Letter
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord
             ,
             not
             in
             words
             at
             length
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             was
             ,
             as
             far
             as
             you
             know
             ,
             the
             very
             Expression
             of
             the
             Letter
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             The
             word
             Design
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Only
             that
             ,
             to
             promote
             the
             Design
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             my
             Lord
             :
             And
             under
             that
             word
             we
             did
             comprehend
             all
             those
             things
             ,
             that
             is
             ,
             as
             we
             usually
             took
             it
             among
             one
             another
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             you
             deliver
             this
             Letter
             to
             my
             Lord
             Castlemain
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord
             ,
             I
             did
             not
             deliver
             this
             Letter
             ;
             but
             when
             I
             went
             to
             St.
             Omers
             we
             received
             an
             Account
             from
             my
             Lord
             Castlemain
             of
             his
             receipt
             of
             this
             Letter
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             did
             you
             do
             with
             it
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             left
             it
             with
             the
             Provincial
             ,
             my
             Lord
             ,
             who
             was
             then
             Mr.
             Strange
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             it
             not
             given
             to
             you
             to
             give
             it
             him
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             It
             was
             given
             me
             to
             give
             the
             Lord
             Castlemain
             ,
             
             but
             being
             then
             a
             stranger
             to
             him
             ,
             I
             was
             willing
             to
             send
             one
             of
             his
             own
             Messengers
             with
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Where
             was
             my
             Lord
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             can't
             tell
             ,
             my
             Lord
             ,
             I
             did
             not
             see
             him
             then
             .
             I
             went
             over
             to
             St.
             Omers
             in
             December
             77
             ,
             or
             the
             latter
             end
             of
             November
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Where
             were
             you
             when
             you
             gave
             this
             Letter
             to
             the
             Provincial
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             was
             in
             London
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Where
             did
             you
             receive
             this
             Letter
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             In
             Spain
             ,
             My
             Lord
             ,
             at
             Valledolid
             ,
             of
             one
             Armstrong
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Who
             was
             it
             directed
             to
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             To
             my
             Lord
             Castlemain
             ;
             but
             I
             did
             not
             then
             know
             him
             ,
             and
             so
             I
             gave
             it
             the
             Provincial
             ,
             my
             Lord
             ,
             I
             went
             over
             to
             St.
             Omers
             in
             the
             latter
             end
             of
             November
             or
             the
             beginning
             of
             December
             77
             ,
             and
             after
             I
             had
             been
             there
             some
             few
             days
             ,
             there
             did
             arrive
             a
             Packquet
             from
             London
             to
             St.
             Omers
             ,
             in
             which
             there
             was
             a
             Letter
             from
             my
             Lord
             Castlemain
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             To
             whom
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             To
             the
             Fathers
             of
             the
             Society
             of
             St.
             Omers
             ,
             in
             which
             my
             Lord
             Castlemain
             gave
             them
             an
             Account
             of
             a
             Letter
             that
             he
             had
             lately
             received
             from
             Spain
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             did
             you
             know
             the
             Contents
             of
             this
             Letter
             ;
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             was
             Privy
             to
             their
             Letters
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             you
             acquainted
             with
             my
             Lord
             Castlemains
             hand
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             will
             give
             you
             an
             Account
             of
             that
             ,
             I
             did
             not
             know
             it
             then
             ,
             but
             only
             as
             it
             was
             generally
             said
             among
             us
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             was
             it
             subscribed
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Castlemain
             ,
             My
             Lord
             ,
             and
             sometimes
             ,
             my
             Lord
             ,
             he
             subscribed
             himself
             Palmer
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             many
             Letters
             have
             you
             seen
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Several
             Letters
             ,
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             this
             the
             first
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             This
             was
             the
             first
             as
             near
             as
             I
             can
             remember
             .
             
             And
             ,
             my
             Lord
             ,
             he
             gave
             an
             Account
             in
             that
             Letter
             ,
             that
             he
             had
             received
             a
             Letter
             from
             Spain
             ,
             and
             was
             glad
             the
             Fathers
             in
             Spain
             had
             so
             good
             an
             Opinion
             of
             his
             Integrity
             in
             the
             Caused
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             he
             say
             from
             whom
             he
             had
             received
             it
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             can't
             remember
             that
             ,
             that
             he
             had
             received
             a
             Letter
             I
             am
             certain
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Do
             you
             know
             what
             the
             purport
             of
             the
             Letter
             was
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             I
             will
             give
             you
             a
             plain
             Account
             .
             My
             Lord
             ,
             he
             wrote
             he
             had
             received
             a
             Letter
             from
             Spain
             ,
             and
             that
             he
             was
             glad
             the
             Fathers
             in
             Spain
             had
             so
             great
             confidence
             in
             his
             Integrity
             .
             And
             ,
             my
             Lord
             ,
             in
             March
             there
             came
             another
             Letter
             from
             my
             Lord
             Castlemain
             :
             for
             my
             Lord
             Castlemain
             had
             left
             some
             things
             at
             Leige
             ,
             wherein
             he
             did
             complain
             of
             the
             Fathers
             ,
             that
             they
             made
             no
             more
             haste
             for
             to
             send
             his
             things
             to
             him
             ;
             some
             odd
             things
             he
             had
             left
             there
             ,
             and
             ,
             my
             Lord
             ,
             he
             gave
             an
             Account
             of
             a
             certain
             Letter
             he
             received
             from
             the
             Rector
             of
             Liege
             ,
             whose
             Advice
             he
             did
             not
             like
             ,
             for
             the
             Rector
             of
             Leige
             and
             the
             Rector
             of
             Gant
             were
             mighty
             Zealous
             that
             the
             Secular
             Clergy
             should
             be
             personally
             present
             in
             this
             Affair
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             he
             write
             so
             ?
             I
             would
             have
             you
             say
             what
             he
             writ
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             have
             told
             you
             ,
             he
             gave
             an
             Account
             that
             he
             was
             unwilling
             to
             have
             the
             secular
             Clergy
             engaged
             ,
             because
             they
             were
             a
             loose
             sort
             of
             Men
             ,
             and
             of
             no
             Principles
             ,
             and
             therefore
             he
             thought
             them
             not
             fit
             to
             be
             trusted
             .
             My
             Lord
             ,
             in
             April
             there
             was
             a
             Consult
             :
             I
             came
             over
             from
             St.
             Omers
             in
             April
             ,
             some
             three
             or
             four
             ,
             or
             five
             daies
             before
             the
             Consult
             ,
             I
             am
             not
             able
             to
             guess
             at
             the
             particular
             time
             ,
             but
             it
             was
             near
             upon
             the
             Consult
             .
             My
             Lord
             ,
             this
             Consult
             was
             divided
             into
             several
             Companies
             after
             they
             had
             met
             at
             the
             White-Horse
             Tavern
             ,
             wherein
             they
             did
             some
             things
             that
             did
             relate
             to
             the
             Order
             ,
             as
             to
             send
             Father
             Cary
             to
             Rome
             .
             After
             that
             they
             divided
             themselves
             into
             several
             Companies
             ,
             wherein
             they
             did
             agree
             in
             ordering
             the
             Death
             of
             the
             King.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             were
             by
             ?
          
        
         
           
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             was
             imployed
             by
             them
             to
             give
             an
             Account
             of
             the
             Sense
             of
             one
             company
             to
             another
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Were
             you
             by
             when
             they
             concluded
             the
             Death
             of
             the
             King.
             
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             I
             was
             then
             present
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             you
             sign
             among
             the
             rest
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             don't
             come
             here
             to
             accuse
             my self
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             are
             Pardoned
             if
             it
             be
             so
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             did
             consent
             .
             My
             Lord
             ,
             In
             this
             consult
             they
             met
             together
             ,
             and
             an
             Oath
             of
             Secrecy
             was
             administred
             ,
             my
             Lord
             Castlemain
             was
             there
             too
             within
             some
             few
             days
             after
             the
             Consult
             ,
             that
             is
             ,
             the
             Gentleman
             whom
             I
             accuse
             for
             Treason
             ,
             I
             say
             ,
             did
             come
             ,
             and
             enquired
             about
             the
             Copies
             of
             some
             Letters
             for
             to
             be
             sent
             up
             into
             Germany
             ,
             and
             did
             desire
             that
             an
             Agreement
             between
             them
             and
             the
             Monks
             might
             be
             made
             up
             ,
             there
             being
             a
             difference
             between
             them
             ;
             so
             that
             they
             might
             have
             the
             Assistance
             of
             that
             Order
             to
             carry
             on
             the
             Design
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             Gentleman
             was
             this
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             It
             was
             the
             Prisoner
             ,
             my
             Lord
             ,
             at
             the
             Bar.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Would
             the
             Gentleman
             let
             you
             hear
             him
             say
             ,
             that
             he
             desired
             Assistance
             to
             carry
             on
             the
             Design
             ,
             and
             you
             a
             stranger
             to
             him
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             do
             not
             think
             I
             was
             a
             stranger
             to
             him
             so
             much
             as
             he
             was
             a
             stranger
             to
             me
             ,
             he
             knew
             I
             was
             their
             Servant
             and
             employed
             by
             them
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Would
             he
             say
             in
             your
             hearing
             ,
             that
             he
             desired
             their
             Assistance
             to
             carry
             on
             the
             Design
             ,
             and
             you
             did
             not
             know
             him
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             did
             not
             well
             know
             him
             at
             that
             time
             ,
             and
             I
             brought
             several
             Messages
             from
             the
             Fathers
             ,
             and
             from
             Mr.
             Langhorn
             ,
             and
             I
             gave
             them
             an
             Account
             before
             him
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             often
             had
             you
             seen
             him
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             That
             time
             he
             was
             there
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             many
             Messages
             had
             you
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             will
             tell
             your
             Lordship
             where
             I
             had
             been
             ,
             
             I
             had
             been
             at
             Mr.
             
             Simmonds's
             ,
             who
             was
             then
             Confessor
             to
             the
             Earl
             of
             Aurundel
             ,
             who
             is
             since
             turn'd
             Protestant
             ;
             Confessor
             to
             him
             as
             he
             pretended
             ,
             and
             we
             looked
             upon
             him
             to
             be
             .
             And
             I
             had
             been
             at
             Father
             
             Cain's
             ,
             who
             was
             in
             Turnmill-street
             ,
             and
             I
             had
             been
             ,
             my
             Lord
             ,
             at
             Mr.
             
             Langhorn's
             in
             the
             Temple
             ,
             and
             some
             other
             places
             which
             I
             do
             not
             now
             remember
             ,
             it
             is
             so
             long
             since
             .
             So
             ,
             my
             Lord
             ,
             I
             gave
             them
             Account
             of
             my
             business
             ,
             and
             I
             did
             see
             that
             Gentleman
             ,
             but
             did
             not
             know
             his
             Name
             ,
             till
             ,
             my
             Lord
             ,
             in
             June
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             When
             was
             this
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             This
             was
             ,
             my
             Lord
             ,
             as
             near
             as
             I
             can
             remember
             in
             May.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             So
             you
             did
             not
             know
             his
             Name
             till
             Three
             Weeks
             or
             a
             Month
             after
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord
             ,
             It
             was
             in
             the
             latter
             part
             of
             June
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             You
             saw
             him
             first
             in
             May
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             J.
             Jones
             ,
          
           
             And
             you
             did
             not
             see
             him
             till
             after
             the
             Consult
             ?
             I
             don't
             ask
             you
             whether
             he
             was
             there
             or
             no
             ,
             but
             whether
             you
             saw
             him
             before
             the
             Consult
             was
             Signed
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             did
             you
             come
             to
             know
             his
             Name
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             In
             June
             Mr.
             Langworth
             and
             I
             were
             going
             over
             Lincolns-Inn-Fields
             ,
             intending
             to
             go
             to
             the
             Fountain
             in
             
               Fullers
               Rents
            
             ,
             because
             there
             was
             a
             sort
             of
             Drink
             that
             he
             loved
             ,
             and
             we
             were
             to
             drink
             together
             ,
             it
             was
             in
             the
             Evening
             ,
             and
             so
             in
             our
             way
             as
             we
             went
             ,
             we
             met
             with
             my
             Lord
             Castlemain
             ,
             whom
             Mr.
             Langworth
             did
             salute
             ,
             and
             then
             we
             came
             back
             to
             Mr.
             
             Fenwick's
             Chamber
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             With
             whom
             did
             you
             come
             back
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             With
             my
             Lord
             Castlemain
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             you
             know
             his
             Name
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Mr.
             Langworth
             told
             me
             ,
             It
             was
             the
             Prisoner
             at
             the
             Bar
             ,
             my
             Lord
             ,
             and
             the
             Prisoner
             at
             the
             Bar
             was
             giving
             an
             Account
             of
             some
             Letters
             he
             had
             received
             out
             of
             the
             Countrey
             ;
             and
             Mr.
             Langworth
             was
             giving
             
             him
             an
             Account
             how
             forward
             the
             Rector
             of
             Leige
             and
             the
             Rector
             of
             Gant
             were
             in
             offering
             to
             have
             the
             secular
             Clergy
             engaged
             with
             them
             ,
             and
             some
             other
             Discourse
             they
             had
             which
             I
             can't
             remember
             ,
             but
             about
             the
             Design
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             did
             they
             talk
             of
             at
             that
             time
             ?
             You
             must
             as
             near
             as
             you
             can
             tell
             us
             what
             Discourse
             they
             had
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             will
             give
             your
             Lordship
             this
             ,
             They
             were
             speaking
             of
             the
             Transactions
             of
             the
             Consult
             ,
             and
             how
             unanmious
             the
             Fathers
             were
             in
             Signing
             the
             Consult
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Who
             was
             speaking
             of
             it
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Mr.
             Langworth
             and
             Mr.
             Fenwick
             ,
             and
             my
             Lord
             Castlemain
             was
             present
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             They
             did
             talk
             of
             it
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             they
             mention
             the
             particulars
             of
             that
             Consult
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             was
             that
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Laying
             aside
             the
             King.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             And
             what
             else
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             And
             bringing
             in
             the
             Popish
             Religion
             ,
             the
             Catholick
             Religion
             ,
             I
             speak
             their
             own
             words
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             And
             this
             Discourse
             they
             had
             in
             the
             hearing
             of
             my
             Lord
             Castlemain
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             
               Yes
               ,
               and
               my
               Lord
            
             Castlemain
             said
             ,
             Now
             he
             should
             be
             revenged
             for
             the
             Injuries
             done
             to
             him
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Go
             on
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             have
             nothing
             else
             to
             say
             of
             my
             Lord
             Castlemain
             ,
             that
             I
             can
             think
             of
             at
             present
          
        
         
           
             L.
             C.
             J.
             
          
           
             Now
             my
             Lord
             ,
             you
             may
             ask
             him
             what
             Questions
             you
             think
             fit
             .
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Oates
             ,
             Repeat
             your
             Journey
             again
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             say
             this
             ,
             I
             went
             a
             Ship-board
             in
             April
             ,
             I
             returned
             from
             Valledolid
             in
             November
             ,
             I
             arrived
             in
             London
             in
             November
             ,
             and
             staid
             in
             London
             some
             time
             ,
             and
             then
             I
             went
             to
             St.
             Omers
             in
             November
             or
             December
             new
             Stile
             or
             old
             Stile
             ,
             I
             staid
             at
             St.
             Omers
             ,
             from
             thence
             I
             went
             to
             Watton
             ,
             then
             ,
             my
             Lord
             ,
             in
             
             the
             Month
             of
             March
             we
             went
             to
             Leige
             ,
             and
             returned
             back
             again
             :
             In
             the
             Month
             of
             April
             ,
             we
             came
             hither
             ,
             some
             time
             before
             the
             Consult
             ,
             and
             staid
             here
             some
             time
             after
             .
          
        
         
           
             Prisoner
             ,
          
           
             What
             time
             were
             you
             at
             Leige
             ,
             pray
             Sir
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             In
             March
             77.
             
          
        
         
           
             J.
             Jones
             ,
          
           
             The
             end
             of
             77.
             
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord
             ,
             we
             were
             at
             St.
             Omers
             again
             in
             March.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             returned
             in
             March
             77
             /
             78
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             the
             Stile
             doth
             so
             alter
             .
          
        
         
           
             Prisoner
             ,
          
           
             That
             is
             before
             Lady-day
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             it
             was
             before
             Lady-day
             ,
             we
             Arrived
             here
             in
             London
             in
             May
             or
             in
             April
             ,
             and
             we
             staid
             here
             some
             few
             days
             .
          
        
         
           
             Prisoner
             ,
          
           
             When
             did
             you
             come
             over
             again
             ,
             pray
             Sir
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             it
             is
             now
             Two
             Years
             ago
             or
             better
             ,
             and
             I
             can't
             remember
             every
             particular
             time
             .
             My
             Lord
             ,
             we
             were
             here
             in
             May.
             
          
        
         
           
             Prisoner
             ,
          
           
             I
             will
             ask
             him
             as
             many
             Questions
             as
             I
             think
             reasonable
             ,
             and
             when
             ,
             my
             Lord
             ,
             I
             do
             desire
             times
             and
             he
             can't
             tell
             the
             times
             ,
             he
             must
             tell
             me
             so
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Mr.
             Oates
             ,
             Answer
             my
             Lord
             what
             Questions
             he
             asks
             you
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             will
             tell
             my
             Lord
             ,
             Castlemain
             as
             near
             as
             I
             can
             remember
             ,
             my
             Lord.
             
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Oates
             ,
             When
             was
             it
             you
             came
             over
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Really
             it
             was
             some
             few
             days
             before
             the
             Consult
             .
          
        
         
           
             Prisoner
             ,
          
           
             How
             many
             days
             do
             you
             think
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Really
             I
             can't
             remember
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             suppose
             you
             have
             your
             Memorials
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             Really
             ,
             my
             Lord
             ,
             no.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Have
             you
             any
             thing
             more
             to
             ask
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             a
             great
             many
             Questions
             .
             Were
             you
             present
             ,
             Mr.
             Oates
             ,
             pray
             ,
             at
             that
             Consult
             ,
             when
             I
             consented
             to
             the
             Kings
             Death
             ?
             Was
             you
             by
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             was
             present
             at
             the
             Consult
             ;
             but
             I
             do
             not
             charge
             you
             to
             be
             at
             the
             Consult
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             asks
             you
             where
             it
             was
             he
             agreed
             to
             it
             ?
          
        
         
           
           
             D.
             Oates
             ,
          
           
             At
             Mr.
             
             Fenwick's
             Chamber
             ,
             I
             remember
             it
             was
             about
             Seven
             or
             Eight
             a
             Clock
             that
             we
             were
             going
             over
             Lincolns-Inn-Fields
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             long
             might
             you
             be
             at
             Fenwicks
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             It
             was
             about
             11
             or
             12
             a
             Clock
             I
             came
             away
             .
          
        
         
           
             Prisoner
             ,
          
           
             When
             you
             met
             me
             in
             Lincolns-Inn-Fields
             ,
             was
             I
             in
             a
             Coach
             or
             on
             Foot
             ,
             or
             was
             any
             body
             with
             me
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             can't
             say
             whether
             your
             Lordship
             had
             a
             Man
             with
             you
             ,
             or
             no.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             there
             any
             body
             with
             him
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             did
             not
             take
             notice
             of
             that
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             were
             two
             hours
             together
             ,
             pray
             let
             me
             ask
             you
             this
             Question
             ,
             What
             was
             your
             Discourse
             about
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             That
             was
             part
             of
             the
             Discourse
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             ?
             You
             have
             given
             us
             a
             very
             short
             Account
             of
             it
             in
             Four
             lines
             :
             You
             were
             two
             hours
             together
             ,
             What
             was
             the
             main
             of
             your
             Discourse
             about
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             will
             give
             you
             as
             plainly
             as
             I
             can
             ,
             the
             Discourse
             at
             that
             time
             .
          
        
         
           
             C.
             L.
             J.
             
          
           
             Pray
             let
             us
             know
             what
             the
             main
             of
             your
             Discourse
             was
             about
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             One
             part
             of
             their
             Discourse
             was
             about
             the
             Revenues
             of
             their
             Colledges
             ,
             and
             how
             they
             had
             suffer'd
             by
             the
             
             French's
             taking
             St.
             Omers
             ,
             and
             what
             losses
             they
             had
             sustained
             by
             reason
             of
             the
             change
             of
             Government
             by
             the
             Conquest
             ;
             for
             the
             Crown
             of
             Spain
             had
             entailed
             on
             the
             Colledge
             of
             St.
             Omers
             Five
             or
             Six
             Hundred
             a
             Year
             ,
             for
             the
             maintaining
             the
             Foundation
             of
             their
             House
             ,
             or
             Foundation
             Rent
             ,
             and
             it
             was
             taken
             away
             by
             reason
             of
             the
             Conquest
             that
             France
             had
             made
             over
             the
             Spanish
             Dominions
             there
             ;
             and
             they
             were
             consulting
             how
             they
             should
             Write
             to
             Father
             
               Le
               Chese
            
             to
             be
             an
             Instrument
             to
             move
             the
             French
             King
             to
             restore
             this
             Annuity
             ,
             that
             was
             a
             Settlement
             entailed
             upon
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             came
             you
             into
             this
             Discourse
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             This
             was
             after
             the
             other
             Discourse
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             came
             you
             to
             Discourse
             this
             Affair
             here
             in
             England
             ?
          
        
         
           
           
             D.
             Oates
             ,
          
           
             I
             will
             tell
             your
             Lordship
             as
             near
             as
             I
             can
             remember
             :
             When
             we
             met
             in
             Lincolns-Inn-Fields
             ,
             Mr.
             Langworth
             recommended
             me
             to
             my
             Lord
             Castlemain
             ,
             and
             bad
             me
             take
             notice
             of
             him
             .
             I
             can't
             say
             this
             is
             my
             Lord
             Castlemain
             ,
             but
             this
             is
             that
             Man
             I
             saw
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             he
             call
             him
             by
             his
             Name
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             He
             told
             him
             that
             I
             was
             such
             a
             one
             ,
             and
             that
             I
             was
             serviceable
             to
             them
             .
             And
             upon
             our
             way
             as
             we
             went
             to
             Mr.
             
             Fenwick's
             Chamber
             ,
             he
             inquired
             into
             the
             Causes
             of
             my
             coming
             over
             so
             soon
             again
             ,
             for
             he
             said
             I
             went
             over
             but
             last
             Month.
             Said
             he
             ,
             
               How
               came
               it
               to
               pass
               he
               came
               over
               so
               soon
               again
               ?
            
             Saith
             he
             ,
             
               We
               wanted
               him
               to
               do
               some
               business
               for
               us
               .
            
             And
             there
             were
             more
             particulars
             of
             the
             Transactions
             of
             the
             Consult
             mentioned
             to
             my
             Lord
             Castlemain
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             did
             they
             bring
             in
             the
             Particulars
             of
             that
             Design
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             This
             is
             as
             near
             as
             I
             can
             remember
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             came
             they
             to
             talk
             of
             laying
             aside
             the
             King
             and
             bringing
             in
             the
             Catholick
             Religion
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             After
             they
             had
             given
             an
             Account
             of
             the
             Transactions
             of
             the
             Consult
             :
             This
             was
             one
             part
             of
             the
             Consult
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             how
             came
             they
             to
             bring
             it
             in
             ,
             in
             Discourse
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             they
             spake
             of
             the
             particulars
             of
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             wonder
             what
             introduced
             the
             particulars
             :
             Was
             it
             to
             acquaint
             him
             with
             those
             particulars
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             have
             nothing
             to
             say
             to
             that
             ,
             they
             were
             things
             so
             generally
             talked
             of
             by
             those
             of
             the
             Jesuitical
             party
             ,
             that
             when
             ever
             they
             met
             ,
             they
             scarce
             did
             talk
             of
             any
             thing
             else
             but
             of
             that
             ,
             and
             so
             they
             did
             at
             this
             time
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             tell
             me
             the
             whole
             discourse
             ,
             as
             you
             can
             remember
             ,
             that
             relates
             to
             this
             time
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             have
             told
             your
             Lordship
             ,
             we
             met
             with
             my
             Lord
             Castlemain
             in
             Lincolns-Inn-Fields
             .
             I
             have
             told
             you
             ,
             my
             Lord
             ,
             that
             we
             went
             to
             Mr.
             Fenwicks
             ,
             I
             have
             told
             you
             ,
             my
             Lord
             ,
             that
             after
             some
             
             Discourse
             (
             how
             it
             was
             introduced
             ;
             I
             cannot
             be
             positive
             ,
             but
             as
             near
             as
             I
             can
             remember
             )
             they
             were
             speaking
             of
             my
             going
             over
             and
             coming
             again
             so
             soon
             ,
             my
             going
             from
             the
             Consult
             to
             St.
             Omers
             and
             returning
             again
             into
             England
             so
             soon
             ,
             and
             so
             one
             word
             brought
             in
             another
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             you
             know
             then
             that
             my
             Lord
             Castlemain
             had
             ever
             heard
             of
             this
             matter
             before
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             don't
             know
             ;
             but
             I
             am
             morally
             certain
             as
             to
             my self
             ;
             but
             I
             can't
             swear
             he
             did
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             Did
             he
             speak
             of
             it
             to
             him
             as
             a
             stranger
             to
             it
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No.
             
          
        
         
           
             J.
             Jones
             ,
          
           
             By
             the
             Letter
             you
             spake
             of
             he
             knew
             before
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Answer
             my
             Brother's
             Question
             ,
             Was
             the
             Letter
             you
             had
             seen
             ,
             before
             or
             after
             that
             Discourse
             at
             Fenwicks
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             that
             was
             after
             the
             Consult
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Then
             you
             know
             he
             did
             know
             of
             the
             Design
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             think
             not
             of
             the
             particulars
             of
             the
             Design
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             That
             is
             ,
             he
             knew
             of
             this
             Design
             for
             the
             main
             .
             When
             you
             talk
             of
             the
             Design
             you
             always
             mean
             the
             Consult
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord
             ,
             when
             we
             say
             the
             Consult
             ,
             we
             mean
             what
             was
             agreed
             on
             at
             that
             Consult
             ,
             not
             concerning
             these
             matters
             that
             were
             done
             Six
             Months
             before
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Mr.
             Oates
             ,
             Tell
             me
             when
             you
             mention
             the
             Design
             and
             the
             Consult
             .
             Do
             not
             you
             alwaies
             mean
             the
             Death
             of
             the
             King
             and
             the
             bringing
             in
             Popery
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             but
             the
             terms
             are
             not
             convertible
             :
             For
             ,
             my
             Lord
             ,
             when
             we
             say
             the
             Consult
             ,
             there
             was
             something
             else
             done
             ,
             my
             Lord
             ,
             as
             that
             Consult
             which
             had
             not
             an
             absolute
             Relation
             to
             the
             Design
             ,
             and
             of
             that
             I
             will
             give
             your
             Lordship
             one
             instance
             ,
             as
             the
             sending
             Father
             Cary
             to
             Rome
             ,
             which
             they
             did
             in
             some
             Three
             Years
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Some
             trivial
             matters
             concerning
             their
             own
             Government
             ,
             but
             the
             thing
             you
             talk
             of
             is
             the
             same
             Consult
             and
             Design
             .
          
        
         
           
           
             D.
             Oates
             ,
          
           
             When
             I
             speak
             of
             the
             word
             Design
             ,
             it
             was
             so
             taken
             among
             us
             ,
             and
             so
             received
             by
             my
             Lord
             Castlemain
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             can
             you
             say
             it
             was
             so
             received
             by
             him
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Because
             he
             used
             the
             same
             word
             ,
             and
             answered
             us
             according
             to
             our
             Interpretation
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             My
             Lord
             ,
             he
             speaks
             of
             the
             Design
             thus
             ,
             There
             was
             a
             Design
             for
             the
             Killing
             the
             King
             ,
             there
             was
             a
             Design
             of
             the
             Priests
             and
             Fathers
             for
             it
             ;
             but
             ,
             saith
             he
             ,
             
               Afterwards
               there
               was
               a
               general
               Consultation
               ,
            
             and
             this
             Design
             came
             to
             be
             form'd
             by
             this
             general
             Consult
             ,
             which
             my
             Lord
             Castlemain
             ,
             as
             he
             thinks
             ,
             had
             no
             knowledge
             of
             till
             the
             time
             they
             met
             together
             in
             
               Lincolns-Inn
               Fields
            
             ,
             and
             afterward
             went
             and
             discours'd
             about
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             It
             is
             very
             fair
             ,
             that
             he
             doth
             not
             know
             that
             my
             Lord
             Castlemain
             had
             any
             knowledge
             before
             the
             Consult
             of
             this
             business
             ;
             but
             ,
             he
             says
             ,
             
               The
               Design
               upon
               which
               the
               Consult
               was
               ,
               that
               he
               might
               know
               ,
               which
               was
               to
               destroy
               the
               King
               ,
               and
               bring
               in
               Popery
               .
            
             And
             he
             says
             ,
             My
             Lord
             Castlemain
             did
             understand
             this
             word
             Design
             in
             that
             sense
             they
             did
             ;
             because
             he
             answered
             their
             Letters
             according
             to
             their
             Interpretation
             of
             it
             .
             How
             do
             you
             know
             he
             understood
             the
             word
             Design
             in
             its
             utmost
             capacity
             as
             you
             understood
             it
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             When
             we
             have
             our
             Words
             ,
             we
             have
             our
             Keys
             whereby
             we
             understand
             them
             .
             But
             I
             will
             answer
             this
             Question
             to
             the
             satisfaction
             of
             the
             Gentlemen
             of
             the
             Jury
             .
             My
             Lord
             ,
             he
             hath
             many
             times
             spoken
             in
             his
             Letters
             of
             introducing
             the
             Popish
             Religion
             ,
             and
             annext
             it
             to
             the
             word
             Design
             of
             promoting
             the
             Catholick
             Religion
             here
             in
             England
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Now
             methinks
             you
             have
             brought
             the
             word
             Design
             to
             something
             else
             than
             Killing
             the
             King.
             
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             The
             Subversion
             of
             Religion
             and
             the
             Government
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             he
             put
             in
             Government
             ?
             Did
             he
             talk
             of
             bringing
             in
             the
             Catholick
             Religion
             and
             altering
             the
             Government
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord
             ,
             I
             won't
             say
             that
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             When
             we
             are
             examining
             concerning
             Mens
             lives
             ,
             we
             must
             be
             careful
             of
             their
             words
             in
             such
             matters
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             One
             part
             of
             my
             Evidence
             I
             have
             omitted
             ,
             Your
             Lordship
             did
             ask
             me
             how
             I
             came
             to
             know
             my
             Lord
             
             Castlemain's
             hand
             .
             My
             Lord
             ,
             somtimes
             we
             received
             Letters
             from
             him
             subscribed
             Palmer
             ,
             and
             sometimes
             subscribed
             Castlemain
             ,
             sometimes
             some
             other
             Name
             which
             I
             may
             not
             remember
             ;
             and
             they
             were
             generally
             received
             as
             from
             him
             .
             And
             I
             have
             seen
             my
             Lord
             Castlemain
             write
             ,
             for
             that
             Night
             ,
             as
             near
             as
             I
             remember
             ,
             it
             was
             Post-night
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             At
             
             Fenwick's
             Chamber
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             At
             
             Fenwick's
             Chamber
             ,
             and
             my
             Lord
             Castlemain
             did
             write
             a
             Letter
             ,
             subscribed
             it
             and
             sealed
             it
             ,
             and
             I
             was
             fain
             to
             go
             to
             the
             General
             Post-House
             ,
             it
             was
             so
             late
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             What
             did
             he
             subscribe
             then
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord
             ,
             I
             saw
             no
             more
             than
             the
             Superscription
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Then
             you
             did
             not
             see
             his
             Name
             to
             it
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord.
             My
             Lord
             Castlemain
             did
             ask
             ,
             Why
             he
             had
             not
             Answers
             to
             such
             and
             such
             Letters
             ?
             For
             several
             Letters
             I
             had
             seen
             which
             were
             not
             of
             much
             moment
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             wish
             you
             had
             one
             that
             was
             of
             moment
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             It
             cannot
             be
             expected
             ,
             my
             Lord
             ,
             that
             I
             should
             have
             them
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             ,
             ask
             him
             what
             you
             please
             .
          
        
         
           
             Prisoner
             ,
          
           
             You
             say
             ,
             Mr.
             Oates
             ,
             you
             received
             Letters
             from
             me
             in
             Spain
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             never
             said
             so
             .
          
        
         
           
             Prisoner
             ,
          
           
             You
             saw
             Letters
             in
             Spain
             from
             me
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             ,
             I
             have
             seen
             Letters
             in
             Spain
             that
             were
             from
             you
             .
          
        
         
           
             Prisoner
             ,
          
           
             Look
             you
             ,
             Mr.
             Oates
             ,
             Pray
             let
             me
             ask
             you
             a
             Question
             ,
             you
             said
             this
             ,
             That
             you
             did
             not
             know
             me
             when
             you
             met
             me
             at
             the
             Consult
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             What
             Consult
             ?
          
        
         
           
             Prisoner
             ,
          
           
             At
             
             Fenwick's
             Chamber
             .
          
        
         
           
           
             D.
             Oates
             ,
          
           
             I
             did
             not
             know
             you
             at
             Wild-house
             .
          
        
         
           
             Prisoner
             ,
          
           
             There
             you
             met
             me
             first
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             There
             I
             met
             the
             Prisoner
             at
             the
             Bar.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             says
             he
             did
             not
             know
             you
             at
             Wild-house
             ,
             but
             he
             came
             to
             know
             you
             by
             Langworth
             in
             Lincolns-Inn-Fields
             ,
             and
             then
             you
             went
             together
             to
             
             Fenwick's
             Chamber
             .
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Oates
             ,
             Did
             not
             you
             say
             ,
             that
             at
             Wild-house
             you
             did
             not
             know
             me
             ,
             nor
             I
             you
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             says
             he
             can't
             tell
             whether
             you
             knew
             him
             or
             no
             ,
             but
             he
             did
             not
             know
             you
             .
          
        
         
           
             Prisoner
             ,
          
           
             Was
             I
             familiar
             with
             you
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             Prisoner
             ,
          
           
             Did
             I
             talk
             Treason
             at
             Wild-house
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             It
             was
             the
             Discourse
             of
             the
             day
             ,
             but
             I
             do
             not
             remember
             every
             particular
             of
             the
             Discourse
             ,
             but
             I
             remember
             what
             your
             Opinion
             was
             concerning
             the
             Rector
             of
             Liege
             and
             the
             Rector
             of
             Gant.
             
          
        
         
           
             Prisoner
             ,
          
           
             Was
             there
             any
             thing
             about
             killing
             the
             King
             at
             Wild-house
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Really
             my
             Lord
             ,
             I
             can't
             remember
             ,
             I
             wont
             charge
             it
             there
             because
             I
             am
             upon
             my
             Oath
             ;
             though
             I
             morally
             believe
             ,
             as
             to
             my self
             ,
             that
             there
             was
             discourse
             bad
             enough
             there
             .
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Oates
             ,
             Pray
             will
             you
             hear
             me
             ,
             then
             the
             acquaintance
             I
             had
             with
             you
             was
             by
             Mr.
             Langworth
             ,
             and
             then
             we
             went
             that
             Night
             to
             
             Fenwick's
             Chamber
             ,
             and
             there
             we
             staid
             very
             long
             ,
             and
             there
             we
             had
             all
             this
             Discourse
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Yes
             .
          
        
         
           
             Prisoner
             ,
          
           
             Look
             Mr.
             Oates
             ,
             Was
             there
             any
             by
             besides
             Mr.
             Langworth
             and
             Mr.
             Fenwick
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Really
             ,
             my
             Lord
             ,
             I
             don't
             remember
             any
             body
             was
             by
             ,
             unless
             a
             Maid
             might
             come
             to
             fill
             a
             Cup
             of
             Drink
             or
             so
             .
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Oates
             ,
             Pray
             Mr.
             Oates
             ,
             did
             you
             and
             I
             ever
             meet
             together
             after
             that
             time
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             Really
             ,
             my
             Lord
             ,
             I
             can't
             be
             exact
             in
             that
             .
          
        
         
           
             Prisoner
             ,
          
           
             Did
             you
             never
             see
             me
             nor
             Discourse
             with
             me
             after
             that
             time
             ?
          
        
         
           
           
             D.
             Oates
             ,
          
           
             I
             cannot
             recollect
             my self
             as
             to
             that
             I
             cannot
             remember
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             does
             not
             remember
             that
             ever
             he
             was
             with
             you
             afterwards
             ?
          
        
         
           
             Prisoner
             ,
          
           
             You
             don't
             know
             whether
             ever
             I
             discours'd
             with
             you
             afterwards
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             don't
             remember
             .
          
        
         
           
             Prisoner
             ,
          
           
             Very
             well
             ,
             Mr.
             Oates
             ,
             Look
             ,
             you
             ,
             Sir
             ,
             you
             don't
             remember
             that
             I
             ever
             had
             any
             Discourse
             with
             you
             after
             that
             time
             ;
             and
             no
             body
             was
             by
             but
             Mr.
             Fenwick
             and
             Mr.
             Langworth
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             As
             I
             remember
             .
          
        
         
           
             Prisoner
             ,
          
           
             Was
             not
             there
             another
             Priest
             there
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             There
             is
             no
             body
             occurs
             to
             my
             Memory
             .
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Oates
             ,
             you
             brought
             me
             Letters
             from
             Spain
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             brought
             a
             Letter
             from
             Spain
             directed
             to
             ●ou
             in
             77.
             
          
        
         
           
             Prisoner
             ,
          
           
             Was
             I
             in
             Town
             or
             out
             of
             Town
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             delivered
             it
             to
             the
             Provincial
             .
          
        
         
           
             Prisoner
             ,
          
           
             You
             went
             over
             to
             Liege
             ;
             did
             not
             you
             see
             me
             there
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord
             ,
             I
             did
             not
             see
             you
             there
             ,
             I
             only
             went
             to
             wait
             upon
             a
             Gentleman
             that
             was
             a
             Priest
             afterwards
             ,
             that
             went
             to
             take
             orders
             .
          
        
         
           
             Prisoner
             ,
          
           
             Did
             you
             not
             see
             me
             at
             Liege
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             Prisoner
             ,
          
           
             You
             were
             at
             Liege
             ,
             did
             you
             stay
             there
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             lay
             there
             one
             Night
             .
          
        
         
           
             Att.
             General
             ,
          
           
             Have
             you
             any
             thing
             to
             ask
             ,
             my
             Lord
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Presently
             ,
             my
             Lord.
             
          
        
         
           
             J.
             Jones
             ,
          
           
             It
             is
             very
             reasonable
             my
             Lord
             should
             question
             you
             .
             You
             own
             him
             to
             be
             the
             Lord
             Castlemain
             ,
             When
             was
             it
             you
             did
             first
             discover
             this
             business
             concern●●g
             my
             Lord
             Castlemain
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             did
             discover
             my
             Lord
             Castlemain
             to
             be
             in
             the
             Plot
             ,
             the
             Last
             Sessions
             of
             the
             Long
             ●arliament
             ,
             and
             I
             accused
             my
             Lord
             Castlemain
             this
             
               ●rinity
               Term
            
             was
             Twelve
             Months
             ,
             and
             my
             Lord
             Castlemain
             was
             committed
             :
             for
             when
             Mr.
             Dangerfield
             
             came
             in
             and
             accused
             my
             Lord
             Castlemain
             ,
             I
             brought
             a
             Charge
             a
             second
             time
             against
             my
             Lord
             Castlemain
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             Did
             you
             discover
             all
             this
             then
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             did
             charge
             him
             for
             having
             an
             hand
             in
             the
             Design
             in
             general
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             To
             the
             Parliament
             ?
          
        
         
           
             D.
             Oates
             .
          
           
             Yes
             ,
             to
             the
             Parliament
             .
          
        
         
           
             Prisoner
             ,
          
           
             You
             say
             when
             I
             assented
             to
             the
             Kings
             Death
             in
             
             Fenwick's
             Chamber
             ,
             that
             I
             said
             ,
             I
             should
             now
             find
             a
             time
             to
             be
             reveng'd
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             Pray
             ,
             my
             Lord
             ,
             don't
             put
             me
             to
             mention
             such
             reflecting
             Evidence
             .
          
        
         
           
             Prisoner
             ,
          
           
             When
             you
             were
             before
             the
             King
             ,
             you
             did
             in
             pursuance
             of
             this
             speak
             of
             a
             Divorce
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             will
             give
             Evidence
             as
             to
             that
             if
             that
             my
             Lord
             comes
             to
             be
             Indicted
             for
             his
             Priesthood
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             may
             ask
             what
             Questions
             he
             shall
             think
             fit
             .
          
        
         
           
             Att.
             General
             ,
          
           
             My
             Lord
             says
             he
             has
             said
             it
             ,
             and
             what
             he
             said
             in
             another
             place
             he
             is
             not
             to
             treat
             now
             of
             .
          
        
         
           
             Prisoner
             ,
          
           
             Suppose
             I
             can
             prove
             him
             an
             Ill
             Man
             in
             any
             place
             ,
             is
             not
             that
             fit
             to
             be
             spoken
             of
             here
             ?
             Since
             he
             hath
             brought
             the
             King
             upon
             the
             Stage
             ,
             and
             since
             he
             hath
             accused
             me
             before
             the
             King
             and
             your
             Lordships
             of
             a
             Devorce
             ,
             I
             ask
             him
             whether
             he
             saw
             it
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             will
             tell
             your
             Lordship
             what
             I
             said
             as
             to
             the
             Divorce
             ,
             I
             heard
             it
             discours'd
             of
             generally
             among
             the
             Fathers
             beyond
             Sea
             ,
             and
             this
             was
             some
             other
             part
             of
             the
             Discourse
             at
             Wild-house
             ;
             and
             I
             heard
             my
             Lord
             Castlemain
             say
             that
             he
             had
             been
             at
             great
             charg
             to
             carry
             on
             that
             business
             of
             the
             Divorce
             .
          
        
         
           
             Prisoner
             ,
          
           
             At
             Wild-house
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             At
             Wild-house
             .
             Now
             ,
             my
             Lord
             ,
             I
             took
             no
             notice
             of
             it
             ,
             because
             it
             was
             not
             my
             business
             .
             But
             ,
             my
             Lord
             ,
             after
             that
             there
             was
             a
             Priests
             Chamber
             that
             was
             searched
             ,
             and
             there
             was
             the
             whole
             Case
             stated
             ;
             now
             what
             is
             become
             of
             the
             State
             of
             that
             Case
             ,
             my
             Lord
             ,
             I
             cannot
             tell
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             By
             whom
             was
             that
             Case
             stated
             ?
          
        
         
           
           
             D.
             Oates
             ,
          
           
             There
             was
             a
             Letter
             found
             ,
             whereby
             my
             Lord
             Castlemain
             should
             have
             the
             matter
             directed
             ,
             in
             order
             to
             the
             carrying
             on
             the
             Divorce
             that
             was
             to
             be
             between
             him
             and
             his
             Wise
             Barbara
             .
          
        
         
           
             Prisoner
             ,
          
           
             Did
             not
             you
             tell
             the
             King
             that
             you
             saw
             the
             Divorce
             in
             
             Strange's
             hand
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             will
             tell
             you
             this
             ,
             I
             gave
             an
             Account
             to
             the
             King
             ,
             that
             I
             saw
             in
             
             Strange's
             hand
             an
             Acconnt
             of
             a
             Divorce
             that
             was
             between
             my
             Lord
             Castlemain
             and
             Barbara
             Dutcheis
             of
             Cleaveland
             .
          
        
         
           
             Recorder
             ,
          
           
             My
             Lord
             ,
             if
             he
             ask
             too
             many
             Questions
             that
             don't
             relate
             to
             this
             matter
             ,
             it
             is
             impossible
             to
             give
             an
             Account
             of
             every
             particular
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lords
             ,
             I
             humbly
             submit
             this
             Case
             .
          
        
         
           
             Recorder
             ,
          
           
             Ask
             him
             what
             you
             said
             to
             such
             a
             man
             upon
             the
             Ninth
             of
             August
             was
             Twelve
             Month
             ,
             must
             he
             give
             an
             Account
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             must
             say
             he
             does
             not
             know
             .
          
        
         
           
             Recorder
             ,
          
           
             Indeed
             it
             is
             reasonable
             that
             my
             Lord
             Castlemain
             should
             ask
             him
             some
             questions
             ,
             and
             that
             Mr.
             Oates
             should
             give
             him
             an
             Account
             .
          
        
         
           
             Att.
             General
             ,
          
           
             My
             Lord
             ,
             will
             you
             give
             me
             leave
             to
             speak
             ?
             If
             he
             may
             ask
             questions
             about
             such
             forreign
             matters
             as
             this
             ,
             no
             man
             can
             justify
             himself
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             This
             is
             not
             so
             mighty
             remote
             but
             use
             may
             be
             made
             of
             it
             .
          
        
         
           
             Att.
             General
             ,
          
           
             If
             he
             should
             ask
             whether
             he
             were
             such
             a
             day
             at
             such
             an
             house
             ,
             and
             tell
             him
             yes
             ,
             and
             mistake
             the
             day
             ;
             any
             man
             may
             be
             catch'd
             thus
             .
          
        
         
           
             Prisoner
             ,
          
           
             How
             can
             a
             man
             be
             catch'd
             in
             the
             Truth
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             My
             Lord
             Castlemain
             may
             ,
             if
             he
             can
             ,
             catch
             him
             in
             any
             thing
             he
             gives
             in
             Evidence
             here
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             if
             your
             Lordship
             over-rule
             me
             ,
             I
             will
             say
             no
             more
             .
             Mr.
             Atturney
             says
             I
             come
             to
             catch
             him
             ,
             I
             confess
             I
             do
             .
          
        
         
           
             Att.
             General
             ,
          
           
             You
             should
             not
             ask
             him
             Forreign
             Questions
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             asks
             a
             plain
             Question
             ,
             why
             do
             you
             labour
             so
             much
             that
             he
             should
             not
             ask
             ,
             Whether
             he
             had
             seen
             the
             Divorce
             ?
             My
             Lord
             Castlemain
             ,
             I
             have
             askt
             the
             
             question
             for
             you
             ,
             Whether
             or
             no
             he
             said
             he
             had
             seen
             the
             Divorce
             ?
             and
             he
             does
             not
             remember
             whether
             he
             said
             so
             or
             no.
             
          
        
         
           
             Att.
             General
             ,
          
           
             My
             Lord
             ,
             I
             think
             with
             your
             Lordships
             leave
             ,
             that
             he
             is
             not
             bound
             to
             answer
             Questions
             ,
             that
             are
             not
             to
             the
             Evidence
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             If
             so
             be
             he
             would
             come
             to
             make
             Application
             ,
             it
             may
             be
             well
             enough
             .
          
        
         
           
             Att.
             General
             ,
          
           
             I
             say
             it
             for
             the
             Method
             of
             the
             Evidence
             ,
             my
             Lord
             ,
             that
             I
             would
             not
             have
             these
             Excursions
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             desire
             your
             Lordship
             that
             I
             may
             say
             out
             what
             I
             have
             to
             say
             .
             I
             say
             this
             ,
             that
             no
             man
             in
             the
             World
             that
             speaks
             truth
             can
             be
             catch'd
             ,
             neither
             will
             Mr.
             Atturney
             suffer
             me
             to
             catch
             him
             .
          
        
         
           
             Att.
             General
             ,
          
           
             I
             say
             you
             have
             liberty
             to
             catch
             him
             in
             any
             thing
             that
             doth
             belong
             to
             the
             Evidence
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             come
             to
             shew
             you
             the
             fitness
             of
             it
             to
             this
             Affair
             .
             He
             comes
             and
             tells
             you
             ,
             among
             other
             Consults
             ,
             of
             Wild-house
             ,
             and
             my
             meeting
             him
             in
             Lincolns-Inn-Fields
             ,
             the
             recommendations
             of
             Mr.
             Langworth
             ,
             and
             going
             to
             Fenwicks
             Chamber
             ,
             where
             we
             talk'd
             of
             altering
             the
             Government
             ,
             and
             my
             assenting
             to
             kill
             the
             King
             :
             and
             since
             you
             have
             brought
             the
             King
             upon
             the
             Stage
             ,
             I
             will
             refresh
             your
             Memory
             a
             little
             ,
             since
             you
             talk
             of
             revenging
             my self
             ,
             look
             you
             if
             you
             did
             not
             mention
             a
             Divorce
             to
             the
             King
             and
             also
             to
             my
             Lord
             Chief
             Justice
             .
          
        
         
           
             Att.
             General
             ,
          
           
             My
             Lord
             ,
             you
             are
             under
             a
             mistake
             .
          
        
         
           
             Prisoner
             ,
          
           
             Pray
             give
             me
             leave
             ,
             Mr.
             Atturney
             .
          
        
         
           
             Att.
             General
             ,
          
           
             You
             make
             such
             Excursions
             into
             Forreign
             Matters
             .
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Oates
             ,
             you
             did
             say
             you
             saw
             a
             Divorce
             ,
             I
             ask
             you
             whether
             you
             saw
             a
             Divorce
             ,
             and
             where
             ,
             or
             whether
             you
             said
             so
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             says
             ,
             he
             does
             not
             remember
             he
             said
             so
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             do
             not
             remember
             whether
             I
             said
             so
             or
             no
             ,
             my
             Lord
             ,
             I
             have
             it
             down
             but
             indeed
             I
             did
             not
             set
             my
             thoughts
             a-work
             .
          
        
         
           
             Att.
             General
             ,
          
           
             He
             hath
             given
             you
             an
             Answer
             that
             may
             satisfie
             you
             .
          
        
         
           
           
             J.
             ●aymond
             ,
          
           
             He
             hath
             Papers
             wherein
             he
             hath
             entred
             Memorandums
             to
             refresh
             his
             Memory
             ,
             but
             these
             Papers
             he
             hath
             not
             by
             him
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Then
             he
             may
             say
             he
             hath
             not
             .
          
        
         
           
             Att.
             General
             ,
          
           
             That
             he
             hath
             already
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Have
             you
             any
             more
             to
             say
             ?
          
        
         
           
             Prisoner
             ,
          
           
             I
             have
             ,
             my
             Lord
             ,
             if
             you
             will
             give
             me
             leave
             to
             write
             down
             two
             words
             .
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Oates
             ,
             You
             told
             my
             Lords
             the
             Judges
             that
             I
             did
             say
             ,
             I
             was
             at
             great
             expence
             about
             a
             Divorce
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             Yes
             ,
          
        
         
           
             Prisoner
             ,
          
           
             That
             is
             very
             well
             ,
             Mr.
             Oates
             .
          
        
         
           
             Att.
             General
             ,
          
           
             Call
             Mr.
             Dangerfield
             .
          
        
         
           [
           
             D.
             Oates
          
           was
           going
           out
           of
           the
           Court.
           
        
         
           
             Prisoner
             ,
          
           
             May
             Mr.
             Oates
             go
             out
             of
             the
             Court.
             
          
        
         
           
             Court
             ,
          
           
             Yes
             ,
             yes
             .
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             will
             be
             within
             call
             ,
             my
             Lord.
             
          
        
         
           
             Prisoner
             ,
          
           
             I
             only
             submit
             it
             to
             your
             Lordships
             ,
             Whether
             or
             no
             a
             Witness
             may
             go
             out
             of
             the
             Court
             ?
          
        
         
           
             D.
             Oates
             ,
          
           
             I
             will
             stay
             then
             .
          
        
         
           
             Att.
             General
             ,
          
           
             Swear
             Mr.
             Dangerfield
             .
          
        
         
           
             Prisoner
             ,
          
           
             Pray
             stay
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Why
             so
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Here
             I
             am
             a
             Prisoner
             ,
             my
             Lords
             ,
             and
             submit
             it
             to
             your
             Lordships
             ,
             Whether
             or
             no
             Mr.
             Dangerfield
             ,
             who
             hath
             had
             the
             Censure
             of
             this
             Court
             ,
             may
             be
             a
             Witness
             ?
             Whether
             or
             no
             Council
             shall
             shew
             reasons
             to
             your
             Lordship
             ,
             whether
             he
             may
             speak
             or
             no.
             
          
        
         
           
             J.
             Jones
             ,
          
           
             You
             must
             shew
             your
             Exceptions
             that
             you
             have
             against
             him
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Exception
             is
             this
             ,
             That
             he
             was
             convicted
             of
             Felony
             ,
             that
             he
             broke
             Prison
             ,
             and
             was
             outlawed
             upon
             it
             .
             Besides
             this
             ,
             my
             Lord
             ,
             he
             is
             a
             Stigmatick
             ,
             hath
             stood
             in
             the
             Pillory
             and
             was
             burnt
             in
             the
             hand
             .
             Now
             I
             humbly
             beseech
             your
             Lordships
             ,
             that
             you
             will
             be
             pleased
             to
             hear
             what
             my
             Council
             can
             say
             ,
             and
             then
             ,
             my
             Lords
             ,
             if
             your
             over-rule
             ,
             I
             shall
             give
             place
             with
             all
             my
             heart
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             think
             it
             reasonable
             ,
             if
             you
             desire
             Council
             ,
             that
             they
             should
             be
             allowed
             to
             speak
             .
          
        
         
         
         
           
           
             Att.
             General
             ,
          
           
             If
             your
             Lordship
             please
             ,
             when
             my
             Lords
             Exceptions
             appear
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             What
             are
             your
             Exceptions
             ,
             my
             Lord
             ?
          
        
         
           
             Prisoner
             ,
          
           
             That
             I
             told
             you
             ,
             before-hand
             ,
             he
             is
             an
             outlawed
             person
             ,
             he
             is
             convicted
             of
             Felony
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             When
             was
             he
             out-lawed
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             In
             the
             27th
             .
             Year
             of
             the
             King
             ,
             and
             we
             say
             he
             hath
             a
             Pardon
             in
             the
             30th
             Year
             of
             the
             King.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             do
             you
             prove
             he
             was
             burnt
             in
             the
             Hand
             ,
             my
             Lord
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             When
             was
             he
             burnt
             in
             the
             Hand
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Call
             Briscoe
             .
          
        
         
           
             Att.
             General
             ,
          
           
             We
             bring
             a
             Pardon
             unto
             that
             ,
             and
             that
             will
             restore
             him
             .
          
        
         
           [
           A
           Record
           produced
           .
        
         
           
             Att.
             General
             ,
          
           
             That
             Record
             we
             confess
             ,
             shew
             the
             Pardon
             ,
             shew
             the
             Pardon
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Now
             go
             to
             that
             for
             which
             he
             was
             burnt
             in
             the
             hand
             .
          
        
         
           
             Att.
             General
             ,
          
           
             Here
             is
             a
             Pardon
             that
             extends
             to
             them
             all
             .
          
        
         
           [
           
             The
             Pardon
             Read
          
           ;
           Decimo
           tertio
           die
           Januarii
           Anno
           Regni
           ,
           &c.
           
        
         
           
             L.
             C.
             J.
             
          
           
             This
             does
             not
             do
             it
             .
          
        
         
           
             Att.
             General
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             it
             does
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Is
             that
             the
             Newgate
             Pardon
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             We
             have
             had
             it
             in
             the
             Court.
             
          
        
         
           
             Att
             General
             ,
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             And
             Felony
             and
             Outlawry
             is
             in
             it
             ▪
          
        
         
           
             Att.
             General
             ,
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Where
             is
             that
             for
             which
             he
             was
             burnt
             in
             the
             hand
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             For
             that
             we
             give
             an
             Answer
             ;
             he
             was
             received
             to
             the
             benefit
             of
             his
             Clergy
             ,
             and
             he
             was
             burnt
             in
             the
             hand
             ,
             and
             his
             Pardon
             is
             after
             that
             too
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             So
             it
             is
             .
          
           
           
           
           
        
         
           
           
             Att.
             General
             ,
          
           
             Then
             his
             Pardon
             answers
             them
             all
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Now
             you
             see
             ,
             my
             Lord
             ,
             you
             think
             Dangerfield
             ought
             not
             to
             be
             a
             Witness
             ,
             who
             hath
             gone
             through
             so
             many
             Pnnishments
             ,
             out-lawed
             for
             Felony
             ,
             and
             burnt
             in
             the
             hand
             for
             Felony
             ;
             Mr
             Atturney
             makes
             Answer
             ,
             we
             have
             a
             Pardon
             ,
             and
             by
             that
             he
             is
             restored
             ,
             as
             he
             says
             ,
             to
             be
             a
             Witness
             again
             .
             If
             you
             desire
             Council
             to
             speak
             to
             this
             point
             ,
             Whether
             or
             no
             a
             man
             branded
             and
             burnt
             in
             the
             hand
             for
             Felony
             ,
             and
             afterwards
             is
             pardoned
             ,
             is
             capable
             of
             being
             a
             Witness
             ?
             I
             see
             no
             reason
             to
             deny
             it
             you
             .
          
        
         
           
             Att.
             General
             ,
          
           
             If
             there
             be
             matter
             for
             Council
             to
             speak
             in
             that
             Case
             ,
             we
             must
             submit
             ,
             if
             your
             Lordship
             make
             it
             a
             doubt
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             do
             for
             my
             own
             part
             ;
             in
             this
             I
             am
             clear
             ,
             if
             a
             Man
             were
             Convicted
             of
             Perjury
             ,
             that
             no
             Pardon
             will
             make
             him
             a
             Witness
             ,
             because
             it
             is
             to
             do
             the
             Subject
             wrong
             .
             A
             Pardon
             does
             not
             make
             a
             Man
             an
             Honest
             Man
             ,
             it
             takes
             off
             reproaches
             ;
             and
             the
             Law
             is
             wise
             in
             that
             ,
             the
             Law
             will
             not
             suffer
             endless
             contumelies
             to
             be
             heaped
             upon
             Men
             ,
             nor
             to
             be
             call'd
             perjured
             Rascalls
             ,
             and
             such
             things
             .
             It
             is
             only
             to
             prevent
             upbraiding
             Language
             ,
             which
             tends
             to
             the
             breach
             of
             the
             Peace
             .
             But
             in
             my
             Opinion
             ,
             if
             a
             Man
             stands
             Convicted
             in
             Court
             ,
             for
             Perjury
             ,
             no
             Pardon
             can
             ever
             make
             him
             a
             Witness
             and
             set
             him
             upright
             again
             .
             But
             that
             is
             a
             different
             Case
             from
             this
             ,
             we
             are
             upon
             this
             single
             Case
             ,
             Whether
             a
             Man
             that
             is
             burnt
             in
             the
             hand
             for
             Felony
             ,
             whether
             a
             Pardon
             can
             set
             him
             right
             or
             no
             ?
             For
             this
             I
             make
             more
             doubtful
             than
             the
             other
             :
             for
             a
             Man
             may
             be
             ,
             that
             hath
             committed
             a
             Robery
             ,
             would
             be
             afraid
             to
             forswear
             himself
             ;
             for
             though
             one
             is
             a
             great
             ,
             the
             other
             is
             a
             greater
             Sin
             ,
             and
             that
             in
             the
             Subject
             matter
             ;
             which
             considered
             ,
             I
             think
             it
             reasonable
             to
             allow
             my
             Lord
             Council
             to
             speak
             to
             that
             single
             point
             ,
             That
             a
             Person
             being
             burnt
             in
             the
             hand
             for
             Felony
             ,
             and
             afterwards
             Pardoned
             ,
             whether
             he
             is
             capable
             of
             being
             a
             Witness
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Then
             I
             do
             name
             Mr.
             Jones
             ;
             Mr.
             Saunders
             ,
             and
             Mr.
             Darnal
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             Very
             well
             .
          
        
         
           [
           Mr.
           Saunders
           was
           call'd
           ,
           but
           was
           not
           in
           Court.
           
        
         
           
             L.
             C.
             J.
             
          
           
             Are
             you
             prepared
             ,
             Mr.
             Jones
             ,
             to
             speak
             ?
          
        
         
           
             Mr.
             Jones
             ,
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             J.
             Jones
             ,
          
           
             My
             Lord
             ,
             do
             you
             except
             against
             that
             one
             particular
             ?
          
        
         
           
             Prisoner
             ,
          
           
             I
             stand
             upon
             both
             ;
             his
             being
             Pillored
             and
             Burnt
             in
             the
             hand
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Will
             you
             admit
             that
             he
             stood
             in
             the
             Pillory
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             I
             know
             nothing
             of
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             will
             tell
             you
             ,
             my
             Lord
             ,
             you
             will
             see
             whether
             it
             be
             necessary
             to
             protract
             this
             or
             no
             ;
             for
             your
             Council
             will
             hardly
             undertake
             to
             argue
             unprepared
             about
             this
             Point
             ,
             and
             if
             the
             Tryal
             should
             be
             Adjourn'd
             ,
             it
             would
             be
             very
             troublesome
             .
             I
             think
             it
             the
             duty
             of
             my
             Place
             to
             discharge
             my
             Conscience
             for
             you
             and
             against
             you
             as
             the
             matter
             shall
             fall
             out
             ;
             and
             if
             so
             be
             that
             you
             should
             insist
             upon
             it
             ;
             and
             he
             be
             capable
             of
             being
             a
             Witness
             ,
             supposing
             it
             so
             ;
             yet
             I
             must
             say
             ,
             you
             may
             give
             in
             the
             Evidence
             of
             every
             Record
             of
             the
             Conviction
             of
             any
             sort
             of
             Crimes
             he
             hath
             been
             guilty
             of
             ,
             and
             they
             shall
             be
             Read.
             They
             say
             last
             day
             there
             were
             Sixteen
             ,
             if
             there
             were
             an
             Hundred
             they
             should
             be
             Read
             against
             him
             ,
             and
             they
             shall
             all
             go
             to
             invalidate
             any
             Credit
             that
             is
             to
             be
             given
             to
             any
             thing
             he
             shall
             Swear
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             I
             humbly
             submit
             my self
             to
             your
             Lordship
             .
             Sixteen
             we
             have
             ,
             I
             bring
             but
             Six
             .
             You
             shall
             have
             them
             Mr.
             Atturney
             when
             you
             please
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             ,
             if
             you
             think
             it
             worth
             you
             while
             to
             put
             it
             to
             Council
             ,
             to
             argue
             ,
             Whether
             he
             may
             be
             a
             Witness
             ,
             or
             whether
             you
             think
             it
             may
             be
             as
             well
             for
             you
             ,
             supposing
             he
             be
             a
             Witness
             ,
             the
             producing
             those
             things
             against
             him
             ,
             or
             the
             Records
             of
             those
             Crimes
             that
             he
             hath
             been
             Convicted
             of
             ;
             whether
             that
             will
             be
             as
             well
             for
             you
             or
             no
             ,
             I
             leave
             it
             to
             your self
             to
             do
             as
             you
             think
             best
             ?
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             I
             conceive
             with
             submission
             to
             your
             Lordship
             that
             he
             cannot
             be
             a
             Witness
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             Are
             you
             prepared
             to
             speak
             to
             it
             now
             ?
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             My
             Lord
             ,
             I
             am
             ready
             to
             offer
             somewhat
             to
             your
             Lordship
             why
             I
             conceive
             he
             ought
             not
             to
             be
             Sworn
             :
             but
             I
             desire
             first
             that
             the
             Pardon
             may
             be
             Read
             ,
             because
             many
             Persons
             and
             Offences
             are
             comprized
             in
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             It
             is
             a
             Pardon
             for
             Felonies
             and
             Out-lawries
             of
             Felony
             in
             general
             .
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             If
             the
             Persons
             and
             their
             Offences
             are
             severally
             and
             sufficiently
             pardoned
             ,
             then
             ,
             my
             Lord
             ,
             I
             will
             proceed
             unto
             the
             other
             Point
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             The
             whole
             is
             good
             .
          
        
         
           
             D.
             Darnal
             ,
          
           
             Then
             ,
             my
             Lord
             ,
             I
             conceive
             ,
             notwithstanding
             this
             Pardon
             ,
             Mr.
             Dangerfield
             ought
             not
             to
             be
             Sworn
             ,
             and
             that
             no
             Person
             attainted
             of
             Felony
             (
             though
             Pardon'd
             )
             can
             be
             a
             Witness
             .
             My
             Lord
             ,
             it
             hath
             been
             Adjudged
             in
             11
             Henry
             the
             4th
             .
             
               Quadragessimo
               primo
            
             ,
             that
             a
             Man
             Attainted
             of
             Felony
             (
             as
             Mr.
             Dangerfield
             is
             )
             though
             he
             be
             afterwards
             Pardoned
             ,
             cannot
             be
             Sworn
             of
             a
             Jury
             .
             My
             Lord
             ,
             the
             same
             question
             hath
             been
             resolved
             since
             ,
             
               In
               Nono
               Jacobi
            
             .
             It
             is
             reported
             in
             Mr.
             
             Brownlow's
             and
             
             Goldsborough's
             Reports
             ,
             
               Folio
               Tricessimo
               Quarto
            
             .
             And
             my
             Lord
             Cook
             in
             Mr.
             
             Bulstrode's
             Second
             Reports
             ,
             154.
             
             In
             Brown
             and
             
             Crashaw's
             Case
             ,
             is
             of
             the
             same
             Opinion
             .
             He
             says
             ,
             A
             Man
             Attainted
             and
             Pardon'd
             ,
             cannot
             serve
             upon
             any
             Inquest
             ,
             and
             that
             by
             the
             same
             reason
             the
             Testimony
             of
             such
             a
             man
             for
             a
             Witness
             is
             in
             all
             Cases
             to
             be
             rejected
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Who
             says
             so
             ?
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             My
             Lord
             Cook.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Men
             do
             not
             slight
             my
             Lord
             Cook.
             Where
             do
             you
             say
             that
             is
             ?
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             It
             is
             in
             Mr.
             
             Bulstrode's
             Second
             Reports
             ,
             in
             Brown
             and
             
             Crashaw's
             Case
             ,
             Fo.
             154.
             
          
        
         
           
             J.
             Jones
             ,
          
           
             But
             you
             should
             have
             brought
             these
             Books
             hither
             .
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             I
             suppose
             Sir
             they
             may
             be
             had
             in
             the
             Hall.
             My
             Lord
             Cook
             gives
             this
             Reason
             for
             it
             in
             that
             Case
             ,
             He
             saith
             ,
             That
             notwithstanding
             his
             Pardon
             he
             is
             not
             
               Probus
               &
               legalis
               homo
            
          
        
         
           
           
             J.
             Jones
             ,
          
           
             That
             Pardon
             was
             before
             any
             Judgment
             it
             was
             a
             Pardon
             of
             Felony
             before
             any
             Tryal
             or
             Judgement
             ;
             but
             here
             is
             a
             Conviction
             .
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             My
             Lord
             Cook
             puts
             the
             case
             there
             of
             a
             Man
             Attainted
             .
             And
             ,
             my
             Lord
             ,
             
               Induodecime
               Jacobi
            
             ,
             It
             is
             reported
             in
             
             Brownlow's
             Reports
             ,
             Folio
             .
             47.
             
          
        
         
           
             J.
             Raymond
             ,
          
           
             Which
             of
             his
             Reports
             ?
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             I
             know
             but
             of
             one
             set
             out
             in
             his
             Name
             alone
             ,
             the
             other
             (
             which
             is
             call'd
             the
             First
             Part
             )
             is
             sett
             out
             in
             his
             and
             
             Goldsborough's
             Name
             .
             I
             have
             Mr.
             
             Brownlow's
             Reports
             here
             ,
             and
             if
             your
             Lordship
             please
             you
             may
             see
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             is
             the
             Page
             ?
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             Forty
             Seven
             ,
             my
             Lord
             ,
             The
             case
             there
             reported
             is
             ,
             The
             King
             Pardon'd
             a
             Man
             Attaint
             for
             giving
             a
             false
             Verdict
             ;
             yet
             he
             shall
             not
             be
             at
             another
             time
             Empannell'd
             upon
             any
             Jury
             ;
             and
             the
             reason
             given
             there
             is
             ,
             that
             though
             the
             Punishment
             was
             Pardon'd
             ,
             yet
             the
             Guilt
             remain'd
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             That
             is
             a
             very
             short
             Note
             ,
             and
             not
             so
             much
             in
             the
             Book
             as
             you
             have
             mentioned
             .
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             I
             writ
             it
             word
             for
             word
             out
             of
             the
             Book
             ,
             Sir
             ,
             and
             I
             am
             sure
             there
             is
             so
             much
             in
             my
             Book
             .
             My
             Lord
             ,
             in
             Mr.
             Justice
             Crooke's
             Elizabeth
             ,
             Fol.
             686.
             in
             
             Shelborn's
             Case
             ,
             it
             is
             held
             ,
             that
             though
             the
             King
             may
             Pardon
             Simony
             ,
             yet
             he
             cannot
             enable
             a
             Simoniack
             to
             retain
             a
             Living
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             The
             Act
             doth
             make
             him
             not
             capable
             .
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             I
             conceive
             ,
             Sir
             ,
             it
             is
             upon
             the
             same
             reason
             ,
             because
             the
             Pardon
             cannot
             take
             away
             the
             Guilt
             ,
             though
             it
             may
             the
             Punishment
             of
             the
             Offence
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             He
             can't
             dispense
             with
             Simony
             ,
             he
             can't
             give
             a
             dispensation
             to
             take
             a
             Living
             .
          
        
         
           
             Mr.
             Darnal
             ,
          
           
             My
             Lord
             ,
             upon
             these
             Resolutions
             and
             the
             reason
             of
             them
             ,
             I
             humbly
             submit
             it
             to
             your
             Lordship
             ,
             whether
             Mr.
             Dangerfield
             (
             having
             been
             Attainted
             of
             Felony
             ,
             though
             he
             be
             since
             Pardon'd
             )
             can
             be
             a
             Witness
             .
          
        
         
           
             Att.
             General
             ,
          
           
             My
             Lord
             ,
             with
             your
             Lordships
             Favour
             ,
             
             this
             is
             quite
             contrary
             to
             the
             constant
             and
             general
             Opinion
             ,
             and
             contrary
             to
             the
             constant
             Practice
             :
             For
             ,
             my
             Lord
             ,
             with
             your
             Lordships
             Favour
             ,
             when
             a
             Man
             is
             Pardon'd
             for
             any
             Crime
             ,
             if
             a
             Man
             can't
             say
             he
             is
             a
             Felon
             ,
             or
             he
             is
             Perjured
             ,
             then
             he
             can't
             be
             reckoned
             so
             to
             any
             intent
             or
             purpose
             whatsoever
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             told
             you
             before
             it
             is
             consonant
             to
             all
             the
             Reason
             and
             Law
             in
             the
             World
             ,
             that
             a
             Pardon
             should
             stop
             Mens
             Mouths
             from
             reviling
             speeches
             that
             signifie
             nothing
             :
             but
             it
             is
             one
             thing
             to
             say
             men
             shall
             not
             go
             reviling
             ,
             that
             can
             have
             no
             consequent
             good
             ,
             but
             which
             tends
             to
             the
             Breach
             of
             the
             Peace
             ,
             and
             another
             thing
             to
             say
             he
             shall
             be
             Liber
             .
          
        
         
           
             Att.
             General
             ,
          
           
             My
             Lord
             ,
             when
             the
             King
             gives
             him
             a
             Pardon
             ,
             it
             is
             as
             if
             he
             had
             never
             committed
             the
             Offence
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             may
             be
             outlawed
             ,
             notwithstanding
             the
             Kings
             Pardon
             ,
             and
             then
             it
             is
             not
             as
             if
             he
             had
             never
             committed
             the
             Offence
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             It
             restores
             him
             to
             wage
             battle
             ,
             and
             it
             makes
             him
             
               Liber
               &
               legalis
               homo
            
             :
             for
             if
             a
             man
             may
             wage
             battle
             ,
             he
             is
             
               Liber
               &
               legalis
               homo
            
             .
          
        
         
           
             Att.
             General
             ,
          
           
             Then
             ,
             my
             Lord
             ,
             if
             he
             be
             so
             ,
             he
             shall
             be
             a
             Witness
             :
             For
             my
             Lord
             ,
             in
             the
             Point
             of
             Perjury
             ,
             a
             man
             that
             after
             a
             Conviction
             of
             Perjury
             had
             a
             Pardon
             ,
             hath
             been
             admitted
             several
             times
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             the
             Exception
             taken
             ,
             Mr.
             Atturney
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             and
             he
             rejected
             before
             he
             had
             a
             Pardon
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             How
             many
             Men
             have
             been
             Witnesses
             that
             have
             been
             convicted
             of
             Felonies
             ,
             after
             the
             Kings
             have
             Pardon'd
             them
             ?
          
        
         
           
             Recorder
             ,
          
           
             I
             will
             not
             adventure
             to
             say
             that
             there
             hath
             been
             a
             particular
             Objection
             made
             ,
             and
             so
             that
             the
             Court
             hath
             had
             the
             Debate
             of
             it
             :
             but
             I
             will
             undertake
             to
             give
             your
             Lordship
             several
             instances
             of
             Men
             that
             have
             been
             Convicted
             ,
             and
             the
             Judges
             sitting
             there
             knew
             them
             to
             be
             so
             Convicted
             ,
             and
             did
             not
             take
             notice
             of
             it
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             I
             speak
             of
             Witheringon
             particularly
             ?
          
        
         
           
           
             Recorder
             ,
          
           
             He
             was
             a
             Witness
             ,
             though
             every
             man
             did
             know
             that
             Witherington
             was
             Convicted
             .
             I
             begg
             your
             Lordships
             leaves
             to
             speak
             it
             ,
             that
             the
             Judges
             themselves
             did
             know
             that
             he
             was
             Convicted
             and
             had
             received
             Sentence
             of
             Death
             .
          
        
         
           
             Sir
             F.
             W.
             
          
           
             The
             constant
             Practices
             of
             the
             Judges
             is
             a
             mighty
             Conclusion
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             think
             you
             ,
             Mr.
             Atturney
             ,
             if
             a
             Man
             be
             Convicted
             of
             Felony
             ,
             and
             afterwards
             hath
             a
             General
             Pardon
             ,
             is
             he
             a
             Witness
             .
          
        
         
           
             Att.
             General
             ,
          
           
             Yes
             ,
             truly
             ,
             my
             Lord
             ,
             it
             signifies
             the
             same
             thing
             ,
             my
             Lord
             ,
             as
             to
             be
             a
             Freeman
             again
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             He
             cannot
             be
             of
             a
             Jury
             ,
             if
             he
             be
             Attainted
             of
             Felony
             ,
             and
             the
             reason
             is
             because
             he
             is
             not
             
               Probus
               &
               legalis
               homo
            
             :
             and
             why
             he
             should
             not
             as
             well
             be
             of
             a
             Jury
             as
             a
             Witness
             I
             cannot
             understand
             .
          
        
         
           
             Att.
             General
             ,
          
           
             There
             is
             a
             great
             deal
             of
             difference
             ,
             my
             Lord
             ,
             a
             great
             many
             Men
             may
             be
             admitted
             to
             be
             Witnesses
             that
             cannot
             be
             admitted
             to
             be
             Jury
             men
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             Shew
             me
             any
             man
             that
             is
             excluded
             from
             a
             Jury
             and
             admitted
             to
             be
             a
             Witness
             ,
             except
             in
             the
             case
             of
             Kindred
             .
          
        
         
           
             Att.
             General
             ,
          
           
             An
             hundred
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Shew
             me
             any
             Man
             who
             being
             of
             a
             Jury
             was
             excluded
             ,
             and
             yet
             made
             a
             Witness
             .
          
        
         
           
             Att.
             General
             ,
          
           
             A
             Villian
             was
             not
             admitted
             to
             be
             a
             Jury
             man
             ,
             but
             a
             Villain
             was
             always
             to
             be
             a
             Witness
             ,
             and
             that
             was
             a
             point
             of
             Infamy
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             Infamy
             was
             contain'd
             in
             being
             a
             Villain
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             He
             was
             a
             Criminal
             ,
             he
             was
             not
             
               Liber
               homo
            
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             though
             he
             be
             not
             a
             Freeman
             ,
             he
             may
             be
             an
             honest
             man.
             
          
        
         
           
             Recorder
             ,
          
           
             My
             Lord
             Hobart
             says
             ,
             A
             Pardon
             takes
             away
             the
             Guilt
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             It
             takes
             away
             Guilt
             so
             far
             as
             he
             shall
             never
             be
             questioned
             ;
             but
             it
             does
             not
             set
             a
             Man
             as
             if
             he
             had
             neuer
             Offended
             .
             It
             cannot
             in
             reason
             be
             said
             ,
             a
             Man
             guilty
             of
             Perjury
             is
             as
             Innocent
             as
             if
             he
             had
             never
             been
             Perjured
             .
          
        
         
           
           
             Att.
             General
             ,
          
           
             I
             say
             if
             a
             Man
             be
             Pardoned
             he
             is
             as
             if
             he
             were
             not
             Guilty
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             If
             I
             were
             in
             my
             Lord
             
             Castlemain's
             Case
             ,
             I
             would
             submit
             it
             ;
             but
             when
             he
             hath
             given
             his
             Testimony
             ,
             my
             Lord
             shall
             have
             liberty
             to
             give
             in
             the
             Records
             against
             him
             of
             what
             Crimes
             he
             hath
             committed
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             I
             do
             confess
             indeed
             that
             my
             Lord
             Hales
             in
             his
             little
             Book
             of
             the
             Pleas
             of
             the
             Crown
             ,
             saith
             ,
             That
             a
             Man
             that
             hath
             had
             the
             benefit
             of
             his
             Clergy
             ,
             is
             restored
             to
             his
             Credit
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             If
             that
             case
             be
             allowed
             it
             is
             a
             plain
             case
             ,
             for
             there
             is
             no
             Man
             can
             wage
             Battle
             ,
             but
             he
             that
             is
             
               Liber
               &
               legalis
               homo
            
             .
          
        
         
           
             Recorder
             ,
          
           
             A
             Man
             broke
             Prison
             and
             therefore
             he
             could
             not
             wage
             Battle
             ,
             he
             replies
             the
             King
             hath
             Pardoned
             me
             that
             Felony
             ,
             and
             thereupon
             he
             is
             admitted
             to
             wage
             Battle
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             Where
             there
             is
             no
             Judgment
             given
             in
             the
             Case
             ,
             and
             the
             King
             doth
             Pardon
             a
             Man
             ,
             that
             doth
             make
             a
             very
             great
             difference
             .
          
        
         
           
             Recorder
             ,
          
           
             In
             the
             Case
             of
             Witherington
             ,
             my
             Lord
             Chief
             Justice
             did
             look
             upon
             the
             Records
             ,
             and
             afterwards
             said
             he
             was
             a
             good
             Witness
             and
             was
             Admitted
             .
          
        
         
           
             Prisoner
             ,
          
           
             If
             you
             have
             Law
             by
             you
             I
             must
             consent
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Then
             you
             must
             consent
             .
          
        
         
           
             Recorder
             ,
          
           
             There
             are
             several
             Persons
             ,
             who
             have
             had
             Pardons
             after
             Robberies
             ,
             and
             we
             are
             forced
             to
             make
             use
             of
             some
             of
             these
             Fellows
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Before
             Conviction
             .
          
        
         
           
             Recorder
             ,
          
           
             No
             after
             Conviction
             ,
             my
             Lord
             ,
             I
             have
             known
             a
             Prisoner
             at
             the
             Bar
             ,
             when
             my
             Lords
             the
             Judges
             have
             been
             there
             ;
             to
             be
             a
             Witness
             .
             And
             if
             the
             Court
             had
             made
             any
             doubt
             ,
             it
             would
             have
             been
             a
             Question
             before
             this
             time
             of
             day
             .
          
        
         
           
             Att.
             General
             ,
          
           
             My
             Lord
             ,
             if
             you
             please
             Mr.
             Dangerfield
             may
             be
             Sworn
             .
             If
             your
             Lordship
             pleases
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             shall
             have
             the
             benefit
             of
             excepting
             against
             his
             credibility
             .
          
           
             Then
             Mr.
             Justice
             Raymond
             went
             down
             to
             the
             Court
             
             of
             Common
             Pleas
             ,
             to
             know
             their
             Opinion
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             Have
             you
             any
             other
             Witness
             in
             the
             mean
             time
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             No
             ,
             my
             Lord
             ,
             he
             is
             a
             principal
             Witness
             .
          
        
         
           
             Sir
             F.
             W.
             
          
           
             Besides
             the
             common
             Practice
             ,
             here
             is
             a
             Book
             that
             says
             ,
             he
             shall
             wage
             Battle
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             That
             is
             ,
             when
             there
             is
             a
             Pardon
             before
             Conviction
             .
          
        
         
           
             Sol.
             General
             ,
          
           
             But
             here
             ,
             my
             Lord
             ,
             he
             says
             the
             Reatum
             is
             taken
             away
             ,
             and
             then
             it
             takes
             away
             his
             disabilities
             too
             .
             The
             difference
             can
             be
             nothing
             here
             before
             Conviction
             ,
             and
             after
             ,
             because
             before
             Conviction
             there
             is
             a
             disability
             ,
             before
             Conviction
             he
             is
             disabled
             from
             waging
             Battle
             :
             So
             that
             that
             makes
             no
             difference
             before
             Conviction
             ,
             and
             other
             Cases
             after
             Conviction
             ,
             and
             the
             disability
             is
             taken
             away
             by
             the
             Pardon
             ,
             and
             he
             is
             restored
             to
             be
             a
             Freeman
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             There
             is
             a
             disability
             upon
             Presumption
             ,
             tho
             not
             upon
             Conviction
             .
          
        
         
           
             Sol.
             General
             ,
          
           
             There
             is
             the
             same
             legal
             impediment
             in
             the
             one
             as
             in
             the
             other
             :
             but
             his
             Credit
             is
             left
             to
             the
             Breast
             of
             the
             Jury
             .
          
        
         
           
             Recorder
             ,
          
           
             When
             a
             Pardon
             comes
             ,
             it
             takes
             away
             not
             only
             Poenam
             but
             Reatum
             ,
             and
             the
             Reason
             my
             Lord
             Hobart
             gives
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Nay
             give
             your
             Reason
             .
          
        
         
           
             Recorder
             ,
          
           
             For
             Felony
             is
             
               Contra
               Coronam
               &
               Dignitatem
            
             ,
             is
             a
             Fault
             against
             the
             King
             ,
             and
             when
             the
             King
             Pardons
             it
             ,
             it
             ceases
             ;
             and
             in
             another
             place
             it
             is
             said
             ,
             It
             Pardons
             all
             disabilities
             incident
             to
             him
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             That
             is
             before
             Conviction
             still
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Don't
             my
             Lord
             Cook
             tell
             you
             expresly
             ,
             That
             the
             taking
             a
             Pardon
             doth
             not
             prove
             any
             Offence
             ?
             You
             take
             a
             Pardon
             ,
             it
             ought
             not
             to
             be
             concluded
             that
             you
             are
             Guilty
             ;
             but
             the
             proper
             conclusion
             of
             a
             Wise
             Man
             is
             ,
             that
             you
             would
             be
             safe
             :
             It
             can't
             be
             thought
             that
             every
             Man
             that
             hath
             a
             Pardon
             in
             England
             is
             guilty
             of
             all
             those
             Offences
             that
             are
             there
             Pardoned
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             There
             is
             a
             difference
             between
             a
             General
             
             Pardon
             and
             a
             particular
             Pardon
             ;
             when
             a
             Man
             doth
             accept
             of
             a
             special
             Pardon
             ,
             it
             must
             be
             intended
             that
             he
             hath
             some
             Consciousness
             of
             Guilt
             ,
             or
             else
             he
             would
             not
             take
             it
             ;
             but
             he
             that
             is
             Included
             in
             a
             general
             Pardon
             ,
             may
             be
             clear
             ,
             because
             all
             Men
             are
             Included
             in
             it
             ,
             unless
             some
             Persons
             particularly
             excepted
             ▪
             and
             the
             difference
             is
             taken
             in
             that
             very
             point
             from
             accepting
             a
             General
             and
             a
             Special
             Pardon
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             That
             the
             Acceptance
             of
             a
             General
             Pardon
             ,
             doth
             not
             barely
             of
             it self
             intend
             Men
             to
             be
             Guilty
             of
             the
             Crimes
             ,
             is
             plain
             ,
             and
             the
             reason
             is
             most
             apparent
             ,
             for
             besides
             that
             Men
             be
             safe
             ,
             so
             there
             be
             times
             that
             give
             a
             Reason
             why
             Men
             should
             have
             a
             Pardon
             ,
             because
             no
             man
             knows
             when
             he
             is
             safe
             ;
             Perjury
             so
             abounds
             that
             no
             man
             can
             say
             he
             is
             safe
             ,
             and
             that
             is
             a
             Reason
             why
             Men
             should
             be
             very
             willing
             to
             accept
             of
             Pardons
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             Here
             's
             my
             Lord
             
             Hales's
             Book
             about
             the
             Pleas
             of
             the
             Crown
             .
          
        
         
           
             Recorder
             ,
          
           
             He
             says
             when
             the
             King
             hath
             discharged
             and
             pardoned
             him
             ,
             he
             hath
             cleared
             the
             Person
             of
             the
             Crime
             and
             Infamy
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             It
             is
             so
             no
             doubt
             .
          
        
         
           
             Sir
             F.
             W.
             
          
           
             May
             we
             pass
             upon
             these
             Authorities
             ?
          
        
         
           
             J.
             Jones
             ,
             Sir
             Francis
             ,
          
           
             We
             are
             not
             willing
             to
             go
             about
             it
             till
             it
             be
             concluded
             ,
             for
             that
             purpose
             we
             have
             desired
             my
             Brother
             Raymond
             to
             know
             the
             Judges
             Opinions
             of
             the
             Common
             Pleas.
             
          
        
         
           
             Recorder
             ,
          
           
             He
             doth
             expresly
             say
             it
             hath
             restored
             him
             to
             his
             Credit
             ,
             and
             in
             
             Witherington's
             Case
             he
             did
             call
             for
             the
             very
             Records
             .
          
        
         
           
             Att.
             General
             ,
          
           
             If
             it
             restore
             him
             to
             his
             Credit
             ,
             I
             hope
             it
             shall
             not
             blemish
             him
             so
             much
             when
             he
             is
             Sworn
             ,
             that
             he
             shall
             not
             be
             believed
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             We
             won't
             have
             any
             prepossession
             in
             that
             Case
             ,
             his
             Crimes
             shall
             be
             all
             taken
             notice
             of
             :
             Is
             it
             fit
             to
             have
             Men
             Guilty
             of
             all
             sorts
             of
             Villanies
             ,
             and
             not
             to
             observe
             it
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             In
             that
             very
             Case
             ,
             my
             Lord
             Hobart
             says
             ,
             A
             Man
             may
             say
             of
             a
             Pardoned
             Man
             ,
             he
             was
             a
             Felon
             ,
             
             though
             he
             cannot
             say
             now
             he
             is
             a
             Felon
             ,
             and
             now
             what
             can
             be
             objected
             to
             this
             Case
             ?
          
        
         
           
             Recorder
             ,
          
           
             Things
             may
             be
             objected
             against
             a
             Person
             ,
             and
             his
             Credit
             left
             to
             the
             Jury
             ,
             but
             the
             Question
             now
             is
             ;
             Whether
             he
             shall
             be
             a
             Witness
             or
             no
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             We
             have
             Men
             grown
             so
             Insolent
             ,
             they
             behave
             themselves
             with
             that
             vile
             Insolence
             ,
             that
             now
             they
             take
             upon
             them
             to
             speak
             against
             whole
             Societies
             of
             Men
             ;
             as
             if
             so
             be
             there
             were
             any
             thing
             in
             them
             that
             should
             render
             them
             better
             then
             their
             former
             Lives
             or
             Natures
             .
             Humility
             becomes
             penitents
             ,
             and
             no
             wicked
             Man
             is
             supposed
             to
             be
             penitent
             ,
             that
             hath
             not
             that
             ;
             but
             these
             carry
             it
             with
             that
             Insolency
             ,
             as
             if
             they
             were
             not
             concern'd
             themselves
             ,
             when
             God
             knows
             the
             best
             of
             them
             discover
             what
             they
             do
             ;
             by
             being
             but
             parties
             themselves
             .
          
        
         
           [
           Mr.
           Justice
           ▪
           Raymond
           return'd
           from
           the
           Court
           of
           Common
           Pleas.
           
        
         
           
             L.
             C.
             J.
             
          
           
             I
             will
             tell
             you
             what
             my
             Brethrens
             Opinions
             are
             ,
             he
             hath
             put
             it
             to
             them
             on
             both
             Accounts
             ,
             That
             he
             was
             convicted
             of
             Felony
             and
             Burnt
             in
             the
             Hand
             for
             it
             ,
             that
             he
             was
             outlawed
             for
             Felony
             ,
             and
             hath
             a
             General
             Pardon
             .
             They
             say
             they
             are
             of
             Opinion
             ,
             That
             a
             General
             Pardon
             would
             not
             restore
             him
             to
             be
             a
             Witness
             after
             an
             Outlawry
             for
             Felony
             ,
             because
             of
             the
             Interest
             that
             the
             Kings
             Subjects
             have
             in
             him
             .
             But
             they
             say
             further
             ,
             That
             where
             a
             Man
             comes
             to
             be
             Burnt
             in
             the
             hand
             ,
             there
             they
             look
             upon
             that
             as
             a
             kind
             of
             more
             General
             Discharge
             ,
             then
             the
             Pardon
             alone
             would
             amount
             to
             ,
             if
             he
             had
             not
             been
             burnt
             in
             the
             hand
             .
             They
             say
             ,
             If
             he
             had
             been
             Convicted
             of
             Felony
             ,
             and
             not
             Burnt
             in
             the
             hand
             ,
             the
             Pardon
             would
             not
             have
             set
             him
             upright
             ,
             but
             being
             Convicted
             and
             Burnt
             in
             the
             hand
             ,
             they
             suppose
             he
             is
             a
             Witness
             .
          
        
         
           
             Sir
             F.
             W.
             
          
           
             Swear
             Mr.
             Dangerfield
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             The
             very
             Attainder
             is
             taken
             away
             ,
             and
             so
             all
             is
             gone
             .
          
        
         
           
             Att.
             General
             ,
          
           
             Come
             Mr.
             Dangerfield
             are
             you
             Sworn
             ?
          
        
         
           
           
             Mr.
             Dangerfield
             ,
          
           
             Yes
             ,
             Sir.
             
          
        
         
           
             Att.
             General
             ,
          
           
             Pray
             tell
             what
             you
             know
             of
             my
             Lord
             Castlemain
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             perceive
             my
             Brethrens
             Opinion
             is
             ,
             That
             if
             a
             Man
             were
             convicted
             of
             Perjury
             ,
             if
             there
             be
             no
             Burning
             in
             the
             Hand
             in
             the
             Case
             ,
             that
             a
             Pardon
             could
             not
             set
             him
             upright
             ,
             because
             of
             the
             Interest
             of
             the
             People
             in
             the
             King.
             
          
        
         
           
             Att.
             General
             ,
          
           
             Come
             ,
             Mr.
             Dangerfield
             ,
             are
             you
             sworn
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             Yes
             ,
             Sir.
             
          
        
         
           
             Att.
             General
             ,
          
           
             Then
             pray
             say
             what
             you
             know
             of
             my
             Lord
             Castlemain
             .
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             About
             this
             time
             Twelve
             Month
             ,
             my
             Lady
             Powis
             sent
             me
             with
             a
             Letter
             for
             the
             Prisoner
             at
             the
             Bar
             ,
             my
             Lord
             Castlemain
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Don't
             you
             know
             him
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             this
             is
             the
             Person
             .
             And
             ,
             my
             Lord
             ,
             the
             Contents
             of
             that
             Letter
             I
             know
             not
             :
             but
             his
             Lordship
             made
             me
             stay
             till
             he
             wrote
             an
             Answer
             ,
             and
             the
             Contents
             of
             the
             Answer
             ,
             my
             Lord
             ,
             were
             to
             this
             effect
             :
             For
             I
             return'd
             with
             the
             Answer
             ,
             to
             the
             Lady
             Powis
             ,
             and
             she
             opened
             and
             read
             it
             while
             I
             was
             present
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Aloud
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             Aloud
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             To
             you
             .
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             To
             me
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Who
             was
             there
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             Mrs.
             Cellier
             was
             there
             besides
             .
             And
             the
             Contents
             of
             this
             Letter
             were
             ,
             This
             Person
             I
             like
             well
             ,
             and
             though
             he
             be
             no
             Scholar
             ,
             he
             will
             serve
             to
             Instruct
             the
             Youths
             as
             he
             shall
             be
             directed
             .
             By
             the
             Youths
             were
             meant
             the
             St.
             Omers
             Witnesses
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             do
             you
             know
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             Because
             I
             know
             my
             Lord
             was
             employed
             for
             that
             purpose
             .
             I
             know
             his
             Lordship
             did
             use
             to
             Instruct
             the
             Youths
             ;
             and
             it
             was
             a
             common
             saying
             among
             them
             ,
             when
             one
             of
             them
             was
             out
             of
             his
             part
             ,
             they
             used
             to
             say
             ,
             I
             must
             go
             to
             my
             Lord
             Castlemain
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             What
             part
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             That
             which
             they
             were
             to
             say
             ,
             and
             one
             of
             them
             did
             say
             ,
             I
             am
             out
             of
             my
             Lesson
             ,
             I
             must
             go
             to
             my
             Lord
             Castlemain
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             When
             did
             he
             say
             so
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             Before
             the
             Tryal
             ,
             my
             Lord
             ,
             and
             my
             Lord
             Castlemain
             went
             along
             with
             them
             to
             the
             Tryal
             ,
             and
             his
             Lordship
             complained
             of
             some
             ill
             usage
             that
             the
             Witnesses
             received
             there
             .
             His
             Lordship
             was
             one
             of
             the
             Persons
             that
             imployed
             me
             to
             get
             Lane
             out
             of
             the
             Gate-house
             ,
             my
             Lord
             ,
             and
             his
             Lordship
             sent
             me
             to
             a
             Sollicitor
             of
             his
             ,
             whose
             Name
             was
             Mr.
             Lawson
             (
             the
             Person
             is
             now
             in
             Court
             )
             to
             take
             an
             account
             how
             far
             he
             had
             proceeded
             in
             this
             Affair
             .
             I
             did
             take
             an
             Account
             ,
             and
             I
             proceeded
             in
             it
             afterwards
             and
             got
             him
             discharged
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             came
             you
             into
             my
             Lords
             acquaintance
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             That
             was
             the
             first
             time
             ,
             when
             my
             Lady
             Powis
             sent
             me
             with
             that
             Letter
             ,
             my
             Lord.
             A
             pretty
             while
             after
             this
             ,
             in
             the
             Month
             of
             July
             ,
             I
             went
             to
             wait
             upon
             his
             Lordship
             at
             his
             House
             in
             Charing-Cross
             ,
             the
             same
             place
             where
             I
             found
             his
             Lordship
             before
             ;
             and
             I
             was
             to
             take
             his
             Advice
             a
             bout
             some
             Letters
             that
             came
             from
             one
             
               Nevil
               alias
               Paine
            
             .
             Those
             Letters
             and
             List
             of
             Names
             I
             shewed
             his
             Lordship
             ,
             and
             he
             gave
             his
             Approbation
             of
             them
             ,
             and
             desired
             good
             store
             of
             Copies
             might
             be
             writ
             :
             for
             it
             was
             of
             consequence
             and
             ought
             not
             to
             be
             neglected
             .
             And
             ask'd
             me
             ,
             Are
             there
             working
             Persons
             employ'd
             in
             that
             business
             ?
             And
             said
             he
             ,
             Encourage
             them
             ,
             and
             I
             will
             pay
             my
             part
             .
             So
             my
             Lord
             ,
             after
             there
             were
             a
             great
             number
             of
             Copies
             writ
             of
             these
             Letters
             ,
             I
             writ
             a
             Letter
             to
             my
             Lord
             Castlemain
             ,
             to
             let
             his
             Lordship
             know
             that
             the
             People
             had
             finish'd
             their
             work
             ,
             and
             that
             there
             was
             something
             more
             to
             be
             done
             as
             a
             Gratuity
             ;
             and
             then
             his
             Lordship
             in
             Answer
             to
             this
             Messenger
             (
             who
             is
             here
             also
             in
             Court
             )
             with
             a
             Letter
             his
             Lordship
             sent
             Forty
             Shillings
             for
             his
             part
             .
             And
             Mrs.
             Cellier
             told
             me
             she
             received
             Forty
             Shillings
             and
             disposed
             of
             it
             to
             
             the
             use
             intended
             ;
             now
             ,
             my
             Lord
             ,
             the
             Contents
             of
             these
             Letters
             were
             to
             the
             same
             effect
             with
             those
             Letters
             and
             loose
             Papers
             which
             I
             conveyed
             into
             Collonel
             
             Mansell's
             Chamber
             ;
             and
             these
             all
             tended
             to
             the
             promoting
             the
             Sham-plot
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             tell
             me
             what
             was
             the
             Subject
             of
             these
             Letters
             ;
             what
             was
             the
             substance
             of
             them
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             To
             the
             promoting
             the
             Sham-plot
             .
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             That
             is
             a
             General
             no
             Body
             knows
             what
             to
             make
             of
             .
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             I
             will
             give
             your
             Lordship
             an
             Account
             in
             particular
             :
             The
             contents
             of
             many
             of
             them
             were
             to
             this
             purpose
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Were
             they
             not
             all
             alike
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             The
             Copies
             were
             the
             same
             ,
             and
             there
             were
             so
             many
             Originals
             to
             draw
             Copies
             from
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Were
             not
             the
             Originals
             all
             to
             the
             same
             purpose
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             Agreeable
             in
             Point
             of
             sense
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             tell
             us
             the
             purpose
             of
             them
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             The
             purpose
             was
             ,
             That
             so
             many
             Letters
             should
             be
             conveyed
             into
             the
             Houses
             of
             several
             Persons
             of
             Quality
             in
             this
             Kingdom
             ,
             that
             were
             called
             Presbyterians
             :
             for
             that
             was
             the
             Notion
             ,
             that
             all
             Persons
             ,
             that
             were
             not
             for
             the
             immediate
             promoting
             of
             the
             Catholick
             Interest
             ,
             lay
             under
             ;
             because
             they
             looked
             upon
             that
             Notion
             to
             be
             most
             obnoxious
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Who
             and
             where
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             In
             general
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             In
             general
             ,
             where
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             By
             my
             Lady
             Powis
             and
             the
             Lords
             in
             the
             Tower.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Were
             you
             by
             when
             the
             Lords
             in
             the
             Tower
             did
             agree
             to
             it
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             When
             my
             Lord
             Peter
             and
             my
             Lord
             Arundel
             did
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             did
             they
             agree
             to
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             My
             Lord
             the
             thing
             is
             this
             ,
             after
             
             they
             received
             an
             Account
             from
             one
             Mr.
             Paine
             ,
             I
             brought
             a
             Billet
             from
             that
             Paine
             ;
             wherein
             was
             contain'd
             a
             Ground
             or
             Scheme
             of
             the
             Presbyterian
             Plot
             ;
             so
             from
             thence
             it
             derived
             its
             First
             Name
             ,
             my
             Lord
             :
             so
             that
             when
             I
             came
             to
             Discourse
             with
             the
             Lords
             in
             the
             Tower
             about
             it
             ,
             they
             called
             it
             the
             Presbyterian
             Plot
             ;
             and
             Mrs.
             Cellier
             and
             the
             Lady
             Powis
             said
             ,
             This
             is
             a
             Notion
             that
             will
             do
             the
             business
             ,
             as
             it
             is
             most
             obnoxious
             ,
             and
             as
             best
             to
             our
             purpose
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             How
             far
             was
             my
             Lord
             Castlemain
             concern'd
             in
             this
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             I
             have
             not
             heard
             his
             Lordship
             speak
             of
             it
             under
             that
             Notion
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             let
             us
             hear
             what
             you
             can
             say
             against
             my
             Lord
             Castlemain
             .
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             Now
             ,
             my
             Lord
             ,
             some
             considerable
             time
             after
             I
             had
             gotten
             Lane
             out
             of
             Prison
             ,
             I
             was
             imployed
             by
             several
             other
             persons
             ,
             his
             Lordship
             was
             one
             ,
             and
             he
             sent
             me
             to
             his
             Lordships
             Sollicitor
             ,
             that
             is
             now
             in
             Court.
             A
             pretty
             while
             after
             this
             ,
             and
             the
             Letters
             and
             Lists
             of
             Names
             ,
             containing
             matter
             to
             the
             same
             effect
             as
             I
             told
             you
             before
             ,
             as
             those
             in
             
             Mansell's
             Chamber
             ,
             and
             all
             tending
             to
             the
             Credit
             of
             the
             Sham
             Plot
             ,
             or
             the
             Presbyterian
             Plot.
             Now
             ,
             my
             Lord
             ,
             a
             pretty
             while
             after
             this
             ,
             in
             August
             ,
             as
             near
             as
             I
             can
             remember
             ;
             about
             the
             middle
             of
             August
             ,
             I
             went
             to
             wait
             upon
             his
             Lordship
             ,
             the
             very
             next
             day
             after
             I
             had
             been
             treated
             withal
             in
             the
             Tower
             to
             kill
             the
             King
             ,
             whom
             God
             preserve
             ,
             my
             Lord
             ;
             and
             his
             Lordship
             had
             a
             Servant
             then
             in
             the
             Room
             ,
             and
             he
             sent
             his
             Servant
             down
             Stairs
             ,
             and
             looked
             upon
             me
             with
             a
             very
             Austere
             Countenance
             :
             Said
             he
             ,
             Why
             would
             you
             offer
             to
             refuse
             the
             business
             for
             which
             you
             were
             taken
             out
             of
             Prison
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             To
             you
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             To
             me
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Who
             was
             by
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             No
             body
             ,
             but
             his
             Lordship
             and
             my self
             ;
             for
             he
             sent
             his
             Servant
             out
             before
             :
             So
             he
             asked
             me
             ,
             Why
             I
             would
             offer
             to
             refuse
             the
             business
             I
             was
             taken
             out
             of
             Prison
             for
             ?
             I
             asked
             his
             Lordship
             ,
             What
             
             that
             was
             ?
             Said
             he
             ,
             Was
             not
             you
             at
             the
             Tower
             yesterday
             ?
             Yes
             ,
             my
             Lord
             ,
             I
             was
             .
             Would
             your
             Lordship
             have
             me
             Kill
             the
             King
             ,
             I
             suppose
             that
             's
             the
             business
             .
             Yes
             ,
             that
             is
             ,
             said
             he
             Upon
             which
             my
             Lord
             fell
             into
             such
             a
             fury
             ,
             that
             I
             was
             fore'd
             rudely
             to
             leave
             the
             Room
             ,
             and
             went
             down
             Stairs
             .
             I
             think
             at
             the
             same
             time
             his
             Lordship
             was
             writing
             the
             Compendium
             of
             the
             late
             Plot
             ;
             for
             there
             I
             saw
             some
             words
             in
             a
             Paragraph
             that
             lay
             upon
             the
             Table
             ,
             which
             I
             afterwards
             saw
             in
             that
             Book
             .
             There
             was
             Ink
             set
             upon
             the
             Table
             ,
             and
             open
             in
             his
             Lordships
             hand
             .
             And
             his
             Lordship
             did
             use
             in
             his
             Discourse
             to
             call
             his
             Majesty
             Tyrant
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Have
             you
             heard
             him
             ?
             In
             what
             company
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             In
             his
             familiar
             Discourse
             .
             As
             to
             ask
             when
             his
             Majesty
             will
             return
             from
             Windsor
             ?
             Says
             he
             ,
             When
             the
             Tyrant
             pleases
             .
             And
             I
             remember
             I
             heard
             his
             Lordship
             mention
             the
             word
             Tyrant
             to
             Mrs.
             Cellier
             at
             Powis-house
             .
          
        
         
           
             Att.
             General
             ,
          
           
             How
             came
             that
             Discourse
             about
             Killing
             the
             King
             ?
             What
             was
             the
             occasion
             of
             that
             Discourse
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             Had
             you
             refused
             it
             to
             my
             Lord
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             I
             refused
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             did
             you
             say
             to
             him
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             I
             said
             any
             body
             but
             my
             King
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             said
             ,
             Why
             did
             you
             refuse
             to
             do
             that
             for
             which
             you
             were
             taken
             out
             of
             Prison
             ?
             What
             is
             that
             my
             Lord
             ?
             Was
             not
             you
             at
             the
             Tower
             yesterday
             ?
             Why
             won't
             you
             do
             it
             ?
             What
             is
             it
             ,
             my
             ●ord
             ?
             Is
             it
             to
             Kill
             the
             King
             ?
             I
             suppose
             that
             it
             is
             ,
             saith
             he
             ,
             That
             your
             Lordship
             intends
             .
             Yes
             says
             he
             ,
             That
             is
             it
             ,
             why
             won't
             you
             do
             it
             ?
             That
             is
             what
             he
             says
             .
          
        
         
           
             Att.
             General
             ,
          
           
             That
             is
             the
             Evidence
             we
             give
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             You
             say
             he
             was
             very
             violent
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             you
             ever
             in
             his
             company
             afterwards
             .
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             No
             ,
             not
             after
             that
             ,
             my
             Lord
             ,
             that
             I
             know
             of
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             kind
             of
             fury
             did
             he
             shew
             to
             you
             at
             that
             time
             ?
          
        
         
           
           
             Mr.
             Dangerfield
             ,
          
           
             My
             Lord
             ,
             he
             was
             in
             a
             great
             rage
             ,
             as
             his
             Lordship
             is
             very
             cholerick
             ;
             he
             was
             bustling
             about
             ,
             and
             I
             knew
             not
             what
             he
             intended
             to
             do
             ,
             and
             I
             was
             unwilling
             to
             stand
             the
             Test
             of
             his
             Anger
             .
             His
             Lordship
             seemed
             by
             his
             look
             to
             be
             meditating
             Revenge
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             I
             say
             this
             ,
             After
             his
             Lordship
             had
             sent
             his
             Servant
             out
             of
             the
             Room
             ,
             said
             he
             ,
             Why
             would
             you
             offer
             to
             refuse
             the
             business
             for
             which
             you
             were
             taken
             out
             of
             Prison
             ?
             Said
             he
             ,
             Were
             not
             you
             at
             the
             Tower
             yesterday
             ?
             Said
             I
             ,
             Yes
             ,
             my
             Lord
             ,
             I
             was
             ;
             Would
             you
             have
             me
             kill
             the
             King
             ?
             Is
             that
             the
             business
             ?
             Yes
             ,
             that
             it
             is
             ,
             said
             my
             Lord
             very
             angrily
             .
          
        
         
           
             Prisoner
             ,
          
           
             When
             did
             you
             go
             to
             the
             Tower
             ?
             Was
             this
             the
             next
             day
             after
             it
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             The
             next
             day
             after
             it
             .
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Dangerfield
             ,
             Pray
             let
             me
             ask
             you
             one
             Question
             ,
             Did
             not
             I
             threaten
             to
             kill
             you
             ,
             or
             have
             some
             of
             my
             Servants
             kill
             you
             ,
             if
             you
             came
             unto
             me
             again
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             One
             time
             his
             Lordship
             saw
             me
             at
             my
             Lady
             
             Powis's
             house
             ,
             and
             he
             shewed
             me
             a
             very
             particular
             Favour
             .
             I
             speak
             it
             in
             the
             presence
             of
             Almighty
             God
             ,
             nothing
             out
             of
             revenge
             ,
             nor
             for
             any
             sort
             of
             Interest
             .
          
        
         
           
             Prisoner
             ,
          
           
             Was
             I
             never
             angry
             with
             you
             but
             at
             that
             time
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             No
             ,
             my
             Lord
             ,
             I
             know
             not
             or
             any
             other
             time
             that
             your
             Lordship
             was
             angry
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Now
             what
             say
             you
             ,
             my
             Lord
             ?
          
        
         
           
             Prisoner
             ,
          
           
             The
             First
             thing
             I
             desire
             to
             do
             ,
             is
             ,
             here
             are
             two
             Gentlemen
             gives
             in
             Evidence
             against
             me
             ,
             the
             one
             is
             Mr.
             Oates
             ,
             the
             other
             Mr.
             Dangerfield
             .
             Mr.
             Oates
             says
             ,
             That
             he
             in
             Spain
             did
             see
             several
             Letters
             from
             me
             :
             That
             when
             he
             came
             over
             into
             England
             ,
             he
             brought
             a
             Letter
             from
             Spain
             to
             me
             ,
             that
             that
             Letter
             was
             given
             to
             the
             Provincial
             ,
             and
             the
             Provincial
             (
             he
             supposes
             )
             gave
             it
             me
             .
             Now
             ,
             my
             Lord
             ,
             I
             only
             desire
             this
             ,
             that
             the
             first
             thing
             that
             shall
             be
             done
             ,
             is
             ,
             that
             
             you
             will
             please
             to
             call
             Mr.
             Parker
             ,
             who
             will
             shew
             you
             what
             a
             kind
             of
             Man
             Mr.
             Oates
             is
             .
             And
             I
             am
             glad
             ,
             since
             you
             say
             that
             Mr.
             Dangerfield
             is
             a
             good
             Witness
             ,
             that
             I
             can
             prove
             that
             every
             word
             he
             says
             is
             a
             lie
             .
             And
             so
             begin
             with
             Mr.
             Oates
             ,
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             I
             would
             offer
             you
             a
             Record
             ,
             a
             Record
             of
             some
             particular
             Actions
             from
             Hastings
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Read
             the
             Record
             .
          
        
         
           [
           The
           Record
           Read.
           
        
         
           
             L.
             C.
             J.
             
          
           
             What
             use
             can
             you
             make
             of
             this
             ?
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             the
             case
             is
             only
             this
             ,
             My
             Lord
             ,
             I
             will
             tell
             you
             ,
             here
             is
             Mr.
             Oates
             ,
             this
             is
             only
             to
             shew
             what
             kind
             of
             Man
             this
             Mr.
             Oates
             is
             .
             Mr.
             Oates
             he
             comes
             and
             accuses
             a
             Man
             at
             Hastings
             for
             Buggery
             ,
             there
             he
             is
             Indicted
             and
             comes
             to
             his
             Tryal
             ,
             and
             then
             he
             is
             found
             Innocent
             :
             Now
             ,
             my
             Lord
             ,
             I
             sent
             for
             this
             Mr.
             Parker
             ,
             to
             tell
             your
             Lordship
             what
             kind
             of
             man
             this
             Mr.
             Oates
             was
             ,
             and
             for
             that
             purpose
             shew
             the
             whole
             proceeding
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             ,
             you
             shall
             have
             all
             the
             Justice
             in
             the
             World
             ;
             but
             we
             must
             have
             right
             done
             to
             the
             Kings
             Evidence
             .
             You
             have
             brought
             in
             a
             thing
             ,
             whereby
             all
             you
             can
             make
             against
             Mr.
             Oates
             is
             this
             ,
             That
             he
             was
             the
             Prosecutor
             of
             a
             Man
             for
             the
             Crime
             of
             Buggery
             ,
             and
             is
             supposed
             to
             have
             taken
             his
             Oath
             there
             ,
             and
             notwithstanding
             the
             Jury
             would
             not
             believe
             him
             ,
             and
             found
             the
             Man
             not
             Guilty
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             I
             come
             to
             shew
             you
             the
             motives
             how
             the
             Jury
             came
             to
             clear
             him
             ,
             that
             is
             ,
             by
             proving
             this
             man
             was
             in
             another
             place
             at
             that
             time
             ,
             and
             satisfied
             the
             Court
             and
             Jury
             ,
             that
             he
             was
             from
             Eleven
             a
             Clock
             or
             sooner
             ,
             till
             Eight
             or
             Ten
             a
             Clock
             with
             them
             in
             Company
             ;
             where
             it
             was
             only
             the
             malice
             that
             was
             between
             Oates
             and
             Parker
             .
             And
             several
             Witnesses
             that
             were
             in
             the
             place
             where
             he
             said
             the
             Buggery
             was
             committed
             ,
             said
             that
             he
             was
             not
             there
             ,
             and
             they
             Witnesses
             positively
             said
             they
             were
             with
             him
             ,
             
             and
             all
             looked
             upon
             Mr.
             Oates
             as
             a
             detestable
             man
             ,
             and
             sent
             him
             out
             of
             the
             Court.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Do
             you
             prove
             this
             by
             any
             but
             Parker
             ?
          
        
         
           
             J.
             Raymond
             ,
          
           
             This
             ought
             not
             to
             be
             admitted
             ;
             for
             if
             it
             be
             ,
             Mr.
             Oates
             stands
             here
             to
             answer
             all
             the
             Faults
             that
             ever
             he
             committed
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Here
             is
             the
             Case
             ,
             Supposing
             it
             be
             true
             now
             ,
             that
             Mr.
             Oates
             ,
             prosecuted
             a
             man
             for
             Felony
             ,
             and
             he
             gave
             Testimony
             ,
             supposing
             it
             should
             be
             so
             ,
             and
             yet
             the
             Jury
             acquitted
             him
             ;
             What
             use
             can
             you
             make
             of
             it
             ?
             You
             can
             make
             no
             Inference
             ;
             it
             is
             a
             thing
             we
             must
             allow
             all
             the
             Juries
             in
             England
             :
             For
             there
             is
             Witness
             generally
             given
             on
             both
             sides
             ,
             and
             when
             there
             are
             for
             the
             Plantiff
             ,
             the
             Defendants
             Evidence
             are
             all
             Perjured
             ,
             and
             when
             for
             the
             Defendant
             the
             Plaintiffs
             Evidence
             are
             Perjured
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             this
             is
             the
             Inference
             .
             Thus
             much
             I
             make
             of
             it
             ,
             that
             this
             Parker
             is
             Innocent
             .
             Oates
             swears
             positively
             he
             did
             so
             ,
             the
             other
             swears
             positively
             this
             man
             was
             not
             there
             ,
             to
             shew
             the
             Malice
             Oates
             had
             against
             him
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             ,
             you
             can
             go
             no
             further
             than
             you
             have
             gone
             .
             The
             result
             of
             all
             is
             ,
             that
             the
             Jury
             found
             him
             not
             Guilty
             :
             For
             what
             grounds
             no
             man
             can
             come
             to
             say
             ,
             but
             the
             Jury
             men
             themselves
             .
             No
             man
             can
             tell
             what
             prevailed
             with
             the
             Jury
             to
             find
             him
             not
             Guilty
             ,
             that
             is
             in
             their
             own
             Consciences
             ,
             and
             these
             are
             things
             that
             cannot
             be
             Examined
             .
             His
             Jury
             ,
             notwithstanding
             Mr.
             Oates
             was
             the
             only
             Prosecutor
             ,
             they
             found
             him
             not
             Guilty
             ,
             and
             it
             amounts
             to
             nothing
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             there
             is
             another
             thing
             ,
             while
             this
             man
             was
             in
             Prison
             ,
             what
             does
             Oates
             do
             ,
             but
             comes
             here
             to
             London
             ,
             accuses
             the
             Father
             ,
             who
             was
             a
             considerable
             man
             in
             the
             Town
             ,
             a
             Justice
             of
             the
             Peace
             ,
             and
             Mayor
             the
             year
             before
             ;
             accuses
             him
             because
             he
             should
             not
             assist
             his
             Son
             ,
             accuses
             him
             before
             the
             King
             of
             speaking
             scandalous
             words
             .
             Then
             he
             gets
             him
             by
             a
             Messenger
             brought
             up
             before
             the
             Council
             ,
             the
             King
             was
             present
             at
             the
             hearing
             ,
             and
             there
             it
             was
             proved
             to
             the
             King
             ,
             as
             the
             order
             of
             Council
             shews
             ,
             that
             he
             was
             an
             honest
             man
             ,
             and
             so
             the
             Council
             
             sent
             Oates
             away
             with
             the
             greatest
             contempt
             ,
             and
             freed
             the
             other
             man.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             this
             before
             the
             Plot
             was
             discovered
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             in
             pursuance
             of
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             said
             it
             was
             that
             he
             should
             not
             help
             his
             Son
             ,
             his
             Son
             was
             not
             free
             .
          
        
         
           
             Prisoner
             ,
          
           
             No
             ,
             he
             was
             in
             Prison
             ,
             my
             Lord.
             
          
        
         
           
             Recorder
             ,
          
           
             My
             Lord
             ,
             may
             think
             hard
             if
             he
             hath
             not
             some
             competent
             liberty
             ;
             but
             he
             must
             keep
             to
             the
             business
             .
             You
             say
             ,
             that
             notwithstanding
             he
             hath
             the
             Opinion
             of
             the
             Court
             ,
             that
             the
             Jury
             must
             take
             notice
             ,
             then
             the
             Jury
             must
             take
             notice
             it
             signifies
             nothing
             .
          
        
         
           
             Prisoner
             ,
          
           
             Very
             well
             .
             Having
             told
             you
             this
             ,
             I
             desire
             you
             would
             be
             pleased
             to
             take
             notice
             ,
             after
             Oates
             was
             thus
             forced
             to
             run
             away
             from
             Hastings
             ,
             here
             it
             seems
             he
             was
             converted
             to
             be
             a
             Papist
             ,
             by
             a
             Person
             whom
             Mr.
             Oates
             hath
             since
             converted
             to
             be
             a
             Protestant
             ;
             and
             you
             shall
             see
             what
             an
             Account
             this
             Gentleman
             will
             give
             of
             him
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             is
             his
             Name
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Hutchinson
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             will
             you
             do
             against
             him
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Several
             things
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             must
             not
             do
             it
             .
             If
             you
             are
             able
             to
             disprove
             Mr.
             Oates
             ,
             in
             any
             of
             these
             particulars
             ,
             you
             may
             do
             it
             .
             If
             you
             alledg
             Testimony
             against
             the
             particular
             matter
             he
             hath
             sworn
             ,
             you
             will
             do
             very
             well
             ;
             but
             pray
             ,
             my
             Lord
             ,
             keep
             to
             that
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             will
             ,
             my
             Lord.
             I
             will
             submit
             any
             thing
             to
             your
             Lordships
             Commands
             ,
             and
             therefore
             ,
             my
             Lord
             ,
             I
             will
             tell
             you
             for
             what
             reason
             I
             sent
             for
             this
             man
             ,
             to
             tell
             you
             how
             Mr.
             Oates
             went
             to
             Spain
             ,
             and
             how
             he
             lived
             in
             Spain
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             If
             you
             can
             shew
             the
             Jury
             any
             reason
             why
             they
             should
             not
             believe
             his
             Evidence
             ,
             that
             will
             be
             very
             proper
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             is
             your
             Name
             ?
          
        
         
           
             Hutchinson
             ,
          
           
             My
             name
             is
             Hutchinson
             .
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Hutchinson
             ,
             pray
             say
             what
             you
             have
             
             to
             say
             ,
             and
             not
             follow
             Mr.
             
             Oates's
             method
             ,
             I
             only
             ask
             you
             this
             Question
             ,
             Sir
             ,
             Whether
             you
             did
             convert
             this
             man
             ,
             that
             is
             ,
             reconcile
             him
             to
             the
             Church
             of
             Rome
             ?
          
        
         
           
             Hutchinson
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             that
             I
             did
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             ought
             not
             to
             ask
             him
             such
             Questions
             ;
             you
             bring
             him
             in
             danger
             of
             his
             life
             ;
             you
             are
             not
             to
             ask
             him
             such
             Questions
             .
          
        
         
           
             Recorder
             ,
          
           
             Let
             us
             see
             the
             Statute
             Book
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             It
             is
             High
             Treason
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             thought
             this
             had
             been
             meritorious
             now
             ,
             and
             it
             is
             High
             Treason
             .
          
        
         
           
             Recorder
             ,
          
           
             This
             it
             is
             to
             abound
             in
             a
             mans
             own
             sense
             .
             We
             must
             beg
             your
             Lordships
             Advice
             in
             this
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Are
             you
             a
             Protestant
             now
             ?
          
        
         
           
             Hutchinson
             ,
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             Prisoner
             ,
          
           
             He
             was
             a
             Priest
             ,
             and
             confesses
             his
             Error
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             you
             know
             Oates
             first
             in
             Spain
             ?
          
        
         
           
             Hutchinson
             ,
          
           
             No
             ,
             my
             Lord
             ,
             I
             knew
             him
             first
             here
             ,
             and
             we
             were
             in
             company
             ,
             and
             I
             told
             him
             ,
             He
             could
             not
             be
             a
             true
             Priest
             ,
             since
             he
             was
             of
             the
             Church
             of
             England
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             He
             offers
             such
             things
             as
             are
             not
             Evidence
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             what
             do
             you
             know
             of
             his
             Imployment
             in
             Spain
             ?
          
        
         
           
             Hutchinson
             ,
          
           
             I
             received
             Letters
             from
             him
             when
             he
             was
             in
             Spain
             .
             He
             went
             over
             to
             study
             Philosophy
             and
             Divinity
             there
             ,
             and
             I
             saw
             his
             recommendations
             to
             the
             Rector
             of
             Liege
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             you
             see
             him
             ?
          
        
         
           
             Hutchinson
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             I
             did
             see
             him
             before
             he
             made
             this
             disturbance
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             disturbance
             ?
             Do
             you
             know
             ?
             What
             Discourse
             had
             you
             with
             him
             ?
          
        
         
           
             Hutchinson
             ,
          
           
             I
             employed
             him
             in
             writing
             for
             me
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Writing
             what
             ?
          
        
         
           
             Hutchinson
             ,
          
           
             In
             writing
             certain
             things
             against
             the
             Corruption
             of
             the
             Church
             of
             Rome
             .
             He
             had
             Ten
             Shillings
             I
             gave
             him
             ,
             and
             this
             was
             before
             the
             Discovery
             he
             made
             (
             as
             he
             pretends
             )
             of
             the
             Plot.
             And
             he
             told
             me
             he
             would
             suffer
             no
             more
             for
             Conscience
             sake
             .
             It
             is
             an
             hard
             thing
             ,
             said
             he
             ,
             Mr.
             Berry
             ,
             for
             a
             man
             to
             want
             Bread.
             Upon
             which
             I
             gave
             him
             Ten
             Shillings
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             He
             says
             ,
             having
             been
             formerly
             with
             Mr.
             Oates
             ,
             he
             imployed
             him
             to
             transcribe
             many
             things
             for
             him
             ,
             and
             Mr.
             Oates
             said
             to
             him
             ,
             he
             was
             resolved
             no
             more
             to
             suffer
             for
             Conscience
             sake
             .
             How
             ,
             saith
             he
             ,
             not
             so
             .
             Oh
             but
             Mr.
             Berry
             ,
             said
             he
             ,
             it
             is
             a
             very
             sad
             thing
             to
             want
             Bread.
             And
             upon
             that
             ,
             he
             says
             ,
             he
             gave
             him
             Ten
             Shillings
             for
             his
             pains
             in
             writing
             .
          
        
         
           
             Hutchinson
             ,
          
           
             And
             hereupon
             ,
             my
             Lord
             ,
             in
             May
             was
             Twelve-month
             ,
             he
             sent
             for
             me
             ,
             when
             I
             heard
             he
             had
             done
             some
             more
             mischief
             ▪
             and
             I
             went
             to
             him
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             That
             was
             after
             the
             Discovery
             ?
          
        
         
           
             Hutchinson
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             upon
             that
             he
             was
             very
             kind
             to
             me
             ,
             and
             gave
             me
             Twenty
             Shillings
             .
             Said
             he
             ,
             Mr.
             Berry
             ,
             you
             have
             been
             civil
             to
             me
             ,
             and
             you
             shall
             never
             want
             any
             thing
             ,
             so
             long
             as
             I
             have
             it
             .
             Said
             I
             ,
             Mr.
             Oates
             ,
             are
             these
             things
             true
             ,
             that
             you
             swear
             against
             the
             Jesuits
             ?
             Said
             he
             ,
             as
             I
             hope
             for
             salvation
             they
             are
             :
             And
             that
             was
             the
             truest
             word
             he
             spake
             these
             three
             years
             .
             Then
             said
             I
             ,
             Mr.
             Oates
             ,
             answer
             me
             this
             only
             one
             thing
             ,
             There
             are
             an
             Hundred
             and
             twenty
             Persons
             that
             saw
             you
             every
             day
             ,
             and
             dined
             and
             supp'd
             with
             you
             at
             St.
             Omers
             ,
             and
             these
             you
             have
             recommended
             to
             me
             for
             Vertuous
             People
             ,
             and
             I
             know
             them
             to
             be
             so
             .
             He
             said
             ,
             They
             are
             Outlawed
             men
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             did
             Mr.
             Oates
             say
             more
             ?
          
        
         
           
             Hutchinson
             ,
          
           
             He
             was
             with
             me
             frequently
             ,
             my
             Lord.
             
          
        
         
           
             Recorder
             ,
          
           
             He
             paid
             you
             your
             Angel
             well
             when
             he
             gave
             you
             Twenty
             Shillings
             .
          
        
         
           
             Hutchinson
             ,
          
           
             Mr.
             Oates
             ,
             Speak
             the
             truth
             ,
             there
             is
             a
             God
             in
             Heaven
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             Shall
             I
             be
             allowed
             to
             satisfie
             the
             Court
             as
             to
             this
             Evidence
             ?
             I
             will
             give
             the
             Court
             a
             very
             good
             account
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             The
             substance
             is
             this
             ,
             That
             you
             were
             poor
             .
             Is
             it
             true
             that
             he
             gave
             you
             Ten
             Shillings
             ?
          
        
         
           
             Dr.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             believe
             I
             might
             not
             have
             much
             money
             among
             them
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             
               And
               you
               said
            
             ,
             You
             would
             suffer
             no
             more
             for
             Conscience
             sake
             ?
          
        
         
           
             Dr.
             Oates
             ,
          
           
             That
             is
             not
             so
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             And
             ,
             That
             it
             is
             an
             hard
             thing
             to
             want
             Bread
             ?
          
        
         
           
             Dr.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             never
             wanted
             Bread.
             
          
        
         
           
           
             Hutchinson
             ,
          
           
             But
             you
             said
             so
             to
             me
             ,
             Mr.
             Oates
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Hark
             ,
             Mr.
             Hutchinson
             —
          
        
         
           
             Dr.
             Oates
             ,
          
           
             To
             shew
             the
             Invalidity
             of
             this
             Evidence
             ,
             my
             Lord
             ,
             the
             Bishop
             of
             London
             hath
             turn'd
             him
             out
             of
             his
             Living
             at
             Barkin
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             is
             that
             ?
          
        
         
           
             Dr.
             Oates
             ,
          
           
             To
             shew
             that
             he
             is
             not
             fit
             to
             be
             trusted
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Why
             you
             have
             never
             a
             Living
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             Yes
             I
             have
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Where
             ?
          
        
         
           
             Dr.
             Oates
             ,
          
           
             In
             Kent
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             long
             have
             you
             had
             it
             ?
          
        
         
           
             Dr.
             Oates
             ,
          
           
             I
             was
             restored
             to
             it
             last
             Summer
             .
          
        
         
           
             Recorder
             ,
          
           
             He
             says
             ,
             That
             he
             had
             Discourse
             with
             him
             concerning
             his
             Priesthood
             ,
             Whether
             Mr.
             Oates
             thought
             himself
             to
             be
             a
             good
             Priest
             ,
             that
             is
             ,
             as
             he
             was
             made
             by
             the
             Order
             of
             the
             Church
             of
             England
             ?
          
        
         
           
             Att.
             Gen.
             
          
           
             He
             says
             ,
             He
             converted
             Mr.
             Oates
             to
             be
             a
             Papist
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             And
             I
             have
             a
             Charge
             of
             High
             Treason
             against
             that
             man
             ,
             for
             seducing
             me
             from
             my
             Religion
             ,
             my
             Lord.
             I
             will
             swear
             he
             turn'd
             me
             to
             the
             Church
             of
             Rome
             ,
             and
             I
             desire
             it
             may
             be
             recorded
             .
          
        
         
           
             Dr.
             D.
             
          
           
             I
             have
             one
             thing
             to
             tell
             your
             Lordship
             ,
             the
             man
             is
             mad
             ,
             he
             is
             distracted
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             This
             Doctor
             of
             Divinity
             is
             a
             very
             honest
             man
             ,
             he
             will
             tell
             you
             .
          
        
         
           
             Dr.
             D.
             
          
           
             He
             was
             my
             Curate
             at
             Barkin
             ,
             and
             my
             Lord
             of
             London
             having
             some
             Information
             against
             the
             manner
             of
             his
             Preaching
             ,
             sent
             me
             word
             to
             Rippon
             ,
             he
             would
             provide
             me
             another
             Curate
             .
             On
             Saturday
             last
             ,
             dining
             with
             him
             ,
             my
             Lord
             told
             me
             he
             was
             distracted
             .
          
        
         
           
             Recorder
             ,
          
           
             His
             Behaviour
             is
             a
             very
             concurrent
             Testimony
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             I
             appeal
             to
             my
             Lord
             ,
             if
             I
             did
             not
             tell
             him
             as
             he
             came
             into
             the
             Court
             ,
             that
             he
             was
             a
             distracted
             man.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Call
             another
             Witness
             .
          
        
         
           
             Prisoner
             ,
          
           
             Here
             's
             a
             Gentleman
             was
             his
             School-fellow
             at
             Vallodolid
             .
             I
             ask
             you
             Mr.
             Armstrong
             ,
             Whether
             you
             knew
             any
             thing
             of
             Mr.
             Oates
             there
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             long
             had
             he
             been
             there
             ?
          
        
         
           
             Armstrong
             ,
          
           
             He
             was
             Three
             months
             there
             before
             me
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             How
             long
             was
             he
             there
             in
             all
             ▪
          
        
         
           
             Armstrong
             ,
          
           
             A
             matter
             of
             a
             moneth
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             he
             not
             there
             Four
             months
             ?
          
        
         
           
             Armstrong
             ,
          
           
             Yes
             ,
             a
             matter
             of
             Four
             months
             in
             all
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             says
             ,
             He
             had
             been
             there
             Three
             months
             before
             he
             came
             ,
             and
             a
             month
             after
             he
             came
             ;
             and
             that
             then
             he
             was
             but
             a
             common
             Scholar
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             will
             satisfie
             the
             Court
             when
             they
             question
             me
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             In
             what
             would
             you
             satisfie
             us
             ?
          
        
         
           
             Dr.
             Oates
             ,
          
           
             About
             being
             a
             Scholar
             .
             I
             was
             ready
             to
             commence
             when
             they
             came
             ;
             but
             being
             they
             were
             Strangers
             in
             the
             Town
             ,
             not
             being
             Town
             Scholars
             ,
             and
             not
             undertaking
             Philosophical
             Dictates
             ,
             the
             Fathers
             did
             pray
             me
             to
             shew
             them
             the
             way
             to
             School
             ;
             and
             I
             went
             with
             them
             two
             or
             three
             times
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Call
             another
             ,
             my
             Lord.
             
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Palmer
             and
             Mr.
             Dorrington
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             you
             know
             Mr.
             Oates
             at
             St.
             Omers
             ?
          
        
         
           
             Palmer
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             and
             he
             was
             an
             ordinary
             Scholar
             there
             ,
             and
             dined
             and
             supp'd
             with
             us
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             said
             he
             dined
             at
             another
             Table
             .
          
        
         
           
             Palmer
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             he
             did
             dine
             at
             a
             Table
             by
             himself
             ;
             but
             it
             was
             at
             the
             same
             time
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             Had
             I
             Scholars
             Commons
             ?
             Pray
             my
             Lord
             ask
             them
             that
             .
          
        
         
           
             Palmer
             ,
          
           
             He
             had
             the
             same
             Commons
             that
             we
             had
             ;
             but
             they
             had
             a
             respect
             for
             him
             as
             he
             was
             an
             ancienter
             man
             ,
             and
             that
             was
             the
             reason
             that
             he
             had
             more
             freedom
             than
             the
             rest
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             He
             says
             he
             came
             from
             St.
             Omers
             at
             the
             Consult
             ,
             Pray
             Sir
             ,
             who
             did
             you
             come
             along
             with
             ?
             Did
             you
             come
             with
             Hilsley
             ?
          
        
         
           
             Dr.
             Oates
             ,
          
           
             Hilsley
             came
             with
             me
             in
             the
             Pacquet-boat
             .
          
        
         
           
             Prisoner
             ,
          
           
             Call
             
               Mr.
               Hilsley
            
             and
             Osbourne
             —
             My
             Lord
             ,
             this
             Gentleman
             .
             I
             would
             bring
             nothing
             to
             offend
             your
             Lordship
             ,
             or
             nothing
             that
             hath
             been
             old
             ,
             if
             it
             had
             not
             some
             new
             inference
             from
             it
             :
             Therefore
             ,
             my
             Lord
             ,
             this
             is
             the
             reason
             that
             I
             sent
             for
             
               Mr.
               Hilsley
               .
               Mr.
               Hilsley
            
             did
             you
             come
             with
             
               Mr.
               Oates
            
             in
             April
             in
             the
             Pacquet-boat
             ?
          
        
         
           
             Hilsley
             ,
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
           
           
           
             Prisoner
             ,
          
           
             You
             left
             him
             at
             St.
             Omers
             .
          
        
         
           
             Hilsley
             ,
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             Prisoner
             ,
          
           
             Now
             ,
             my
             Lord
             ,
             I
             have
             several
             Witnesses
             to
             prove
             this
             .
             And
             pray
             ,
             Mr.
             Osbourn
             ,
             tell
             my
             Lord
             what
             he
             said
             to
             you
             .
          
        
         
           
             Osbourn
             ,
          
           
             My
             Lord
             ,
             about
             the
             latter
             end
             of
             April
             ,
             I
             heard
             
               Mr.
               Hilsley
            
             was
             in
             Town
             ,
             I
             went
             to
             see
             him
             ,
             and
             one
             time
             at
             a
             Coffee-house
             about
             the
             Turnstile
             w●
             fell
             in
             Discourse
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             ,
             you
             say
             you
             have
             two
             Persons
             of
             Quality
             .
             I
             will
             tell
             you
             my
             Lord
             what
             you
             shall
             expect
             ,
             I
             will
             not
             be
             for
             one
             and
             not
             for
             t'other
             ;
             but
             be
             equal
             as
             near
             as
             I
             can
             .
             If
             he
             comes
             only
             to
             testifie
             what
             Hilsley
             told
             him
             ,
             it
             signifies
             nothing
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             do
             depend
             upon
             Hilsley
             ,
             but
             this
             is
             that
             Hilsley
             told
             him
             ,
             That
             there
             was
             one
             Oates
             at
             St.
             Omers
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             That
             is
             no
             Evidence
             ,
             nor
             can
             Ladies
             of
             Quality
             prove
             by
             their
             own
             Experience
             what
             Mr.
             Hilsley
             affirms
             ,
             That
             Oates
             came
             not
             over
             with
             him
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             They
             can
             tell
             ,
             and
             one
             Lady
             a
             Protestant
             ,
             that
             talking
             with
             this
             Gentleman
             before
             the
             Plot
             —
          
        
         
           
             L.
             C.
             J.
             
          
           
             This
             is
             only
             Discourse
             what
             another
             man
             says
             .
             If
             Mr.
             Oates
             himself
             should
             have
             said
             so
             ,
             then
             indeed
             it
             is
             proper
             ;
             but
             to
             shew
             you
             this
             ,
             it
             is
             impossible
             ,
             supposing
             they
             speak
             truth
             ,
             that
             is
             ,
             if
             they
             do
             witness
             what
             they
             do
             not
             ,
             That
             long
             before
             they
             heard
             of
             the
             Name
             of
             Oates
             ,
             this
             Gentlemau
             should
             tell
             them
             one
             Oates
             was
             left
             at
             St.
             Omers
             ;
             it
             signifies
             nothing
             .
          
        
         
           
             Prisoner
             ,
          
           
             Does
             not
             that
             confirm
             Mr.
             
             Hilsley's
             testimony
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             No
             ,
             indeed
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             only
             refer
             this
             to
             you
             ,
             my
             Lord
             ;
             Hilsley
             says
             in
             April
             he
             did
             leave
             Oates
             ,
             and
             here
             are
             four
             or
             five
             Witnesses
             that
             Hilsley
             told
             them
             so
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             All
             that
             my
             Lord
             says
             ,
             is
             this
             ,
             That
             he
             did
             leave
             Mr.
             Oates
             at
             St.
             Omers
             .
             If
             it
             be
             objected
             ,
             They
             are
             Catholicks
             ,
             as
             they
             call
             them
             ,
             says
             my
             Lord
             ,
             Hilsley
             did
             tell
             this
             Story
             before
             there
             was
             any
             Plot.
             Why
             should
             he
             tell
             them
             so
             ?
             It
             is
             not
             in
             favour
             of
             that
             Religion
             that
             he
             speaks
             ;
             but
             the
             time
             of
             testifying
             such
             a
             thing
             ,
             shews
             he
             speaks
             true
             .
             This
             is
             all
             .
          
        
         
           
           
             Prisoner
             ,
          
           
             This
             is
             the
             Inference
             ,
             This
             is
             only
             to
             corroborate
             and
             shew
             you
             the
             credit
             of
             his
             testimony
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             It
             may
             be
             a
             mistake
             though
             ,
             and
             it
             is
             of
             no
             more
             force
             than
             what
             he
             says
             now
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             They
             were
             all
             mistaken
             in
             that
             matter
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             My
             Lord
             ,
             he
             did
             leave
             me
             at
             St.
             Omers
             ,
             but
             I
             overtook
             him
             at
             Calais
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Will
             you
             swear
             it
             Mr.
             Oates
             ?
          
        
         
           
             Dr.
             Oates
             ,
          
           
             I
             say
             upon
             my
             Oath
             I
             did
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             It
             were
             a
             great
             matter
             if
             you
             had
             any
             body
             to
             prove
             that
             this
             Gentleman
             came
             alone
             ,
             but
             that
             is
             still
             but
             one
             mans
             testimony
             .
          
        
         
           
             Prisoner
             ,
          
           
             But
             here
             is
             Confirmation
             to
             his
             Evidence
             ,
             that
             he
             could
             not
             invent
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             You
             had
             Sixteen
             once
             ,
             but
             the
             contrary
             was
             proved
             and
             believed
             ,
             and
             so
             it
             may
             be
             again
             .
          
        
         
           
             Prisoner
             ,
          
           
             Call
             Mr.
             Gregson
             and
             Rigby
             .
             Mr.
             Gregson
             were
             not
             you
             Landlord
             to
             Mr.
             Oates
             before
             the
             Plot
             was
             discovered
             ?
             How
             long
             before
             the
             Plot
             did
             he
             lie
             at
             your
             House
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             time
             ?
          
        
         
           
             Gregson
             ,
          
           
             A
             Week
             before
             Easter
             77.
             
          
        
         
           
             J.
             Raymond
             ,
          
           
             When
             did
             he
             go
             away
             from
             you
             ,
             Sir
             ?
          
        
         
           
             Gregson
             ,
          
           
             The
             Sunday
             after
             
               Easter
               day
            
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             When
             did
             you
             see
             him
             again
             ?
          
        
         
           
             Gregson
             ,
          
           
             He
             came
             to
             me
             about
             
               All
               Saints
            
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             The
             same
             year
             ?
          
        
         
           
             Gregson
             ,
          
           
             Yes
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             Who
             paid
             for
             my
             Quarters
             ?
             Pray
             ask
             him
             that
             ,
             my
             Lord.
             
          
        
         
           
             Gregson
             ,
          
           
             He
             paid
             for
             it
             himself
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             Did
             not
             Mr.
             Fenwick
             pay
             for
             it
             ?
          
        
         
           
             Gregson
             ,
          
           
             He
             did
             after
             you
             came
             from
             St.
             Omers
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             My
             Lord
             ,
             when
             I
             came
             last
             from
             St.
             Omers
             ,
             I
             went
             directly
             to
             his
             House
             .
          
        
         
           
             Prisoner
             ,
          
           
             Was
             not
             he
             in
             a
             poor
             condition
             ?
          
        
         
           
             Gregson
             ,
          
           
             He
             was
             then
             indifferently
             poor
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             This
             is
             only
             to
             prove
             his
             condition
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             My
             Lord
             ,
             I
             had
             only
             what
             the
             Jesuits
             allow'd
             me
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             had
             nothing
             but
             what
             they
             allow'd
             you
             ?
          
        
         
           
           
             Dr.
             Oates
             ,
          
           
             Nothing
             else
             ,
             my
             Lord.
             
          
        
         
           
             J.
             Jones
             ,
          
           
             They
             allow'd
             you
             a
             very
             scanty
             living
             .
          
        
         
           
             Prisoner
             ,
          
           
             Call
             Mr.
             Littcott
             .
             Mr.
             Littcott
             ,
             Do
             you
             know
             any
             thing
             about
             a
             Divorce
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             should
             he
             know
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Pray
             ,
             my
             Lord
             ,
             don't
             discourage
             me
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             But
             you
             must
             not
             ask
             things
             that
             are
             not
             to
             the
             purpose
             .
          
        
         
           
             Littcott
             ,
          
           
             My
             Lord
             ,
             It
             was
             morally
             impossible
             there
             should
             be
             a
             Divorce
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             there
             any
             endeavour
             by
             my
             Lord
             concerning
             it
             ?
          
        
         
           
             Littcott
             ,
          
           
             There
             was
             no
             such
             Design
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             was
             that
             ?
             But
             pray
             mind
             ,
             you
             will
             be
             morally
             not
             believed
             else
             :
             Do
             you
             know
             my
             Lord
             used
             any
             endeavours
             ,
             in
             order
             to
             obtain
             a
             Divorce
             ?
          
        
         
           
             Recorder
             ,
          
           
             That
             is
             all
             that
             he
             says
             ,
             
               He
               never
               knew
               any
               thing
            
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             only
             say
             this
             ,
             my
             Lord
             ,
             Mr.
             Oates
             comes
             here
             and
             says
             ,
             That
             he
             heard
             me
             say
             ,
             That
             I
             did
             spend
             a
             great
             deal
             of
             money
             .
             Now
             if
             I
             satisfie
             the
             Court
             that
             I
             never
             spent
             a
             Farthing
             towards
             a
             Divorce
             —
          
        
         
           
             L.
             C.
             J.
             
          
           
             If
             he
             had
             said
             ,
             Your
             Lordship
             laid
             out
             Sums
             of
             money
             ,
             then
             it
             had
             been
             an
             Answer
             to
             that
             ,
             if
             you
             could
             prove
             you
             had
             not
             .
          
        
         
           
             Prisoner
             ,
          
           
             You
             know
             I
             stand
             here
             accused
             for
             a
             great
             Crime
             ,
             pray
             give
             me
             leave
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             If
             it
             were
             a
             matter
             of
             moment
             we
             would
             .
          
        
         
           
             Prisoner
             ,
          
           
             Pray
             ,
             my
             Lord
             ,
             hear
             me
             ,
             here
             is
             a
             Man
             says
             ,
             I
             spent
             a
             great
             deal
             of
             money
             about
             a
             Divorce
             ;
             I
             come
             to
             tell
             your
             Lordship
             ,
             That
             this
             very
             man
             ,
             before
             your
             Lordships
             ,
             and
             also
             before
             the
             King
             ;
             and
             if
             your
             Lordships
             have
             forgot
             it
             ,
             I
             will
             shew
             you
             Witnesses
             that
             he
             spake
             it
             before
             the
             King
             ,
             and
             before
             the
             House
             of
             Commons
             ;
             that
             I
             did
             actually
             sue
             out
             a
             Divorce
             ▪
             Now
             I
             will
             shew
             my
             Lord
             that
             I
             neither
             could
             nor
             did
             go
             about
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             We
             are
             not
             to
             take
             notice
             of
             that
             now
             .
             If
             he
             did
             say
             a
             false
             thing
             before
             the
             House
             of
             Commons
             ,
             we
             cannot
             take
             notice
             of
             it
             now
             :
             For
             we
             cannot
             go
             to
             try
             whether
             he
             said
             so
             ,
             and
             whether
             that
             be
             true
             or
             false
             .
          
        
         
           
           
             Prisoner
             ,
          
           
             I
             humbly
             begg
             my
             Lord
             ,
             If
             this
             man
             that
             is
             upon
             his
             Oath
             hath
             sworn
             before
             the
             King
             ,
             that
             he
             did
             actually
             see
             the
             Divorce
             ,
             and
             I
             prove
             that
             it
             was
             impossithat
             he
             should
             see
             the
             Divorce
             ,
             because
             it
             was
             impossible
             to
             get
             a
             Divorce
             —
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             then
             ?
          
        
         
           
             J.
             Raymond
             ,
          
           
             You
             must
             not
             be
             permitted
             to
             prove
             that
             ,
             it
             is
             not
             pertinent
             to
             the
             Question
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lords
             ,
             with
             humble
             submission
             to
             you
             ,
             he
             hath
             told
             me
             this
             before
             your
             Lordships
             ,
             that
             I
             spent
             a
             great
             deal
             of
             money
             about
             a
             Divorce
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             ,
             You
             will
             be
             satisfied
             ,
             when
             we
             have
             acquainted
             you
             what
             the
             ordinary
             Proceedings
             of
             a
             Court
             of
             Justice
             are
             in
             this
             Nature
             ;
             what
             is
             ,
             and
             what
             is
             not
             to
             be
             admitted
             .
             If
             you
             should
             come
             to
             prove
             Mr.
             Oates
             had
             falsly
             sworn
             a
             thing
             in
             another
             Court
             ,
             and
             five
             or
             six
             Witnesses
             shall
             come
             and
             say
             it
             is
             not
             true
             ;
             we
             are
             not
             to
             hearken
             to
             it
             .
             The
             reason
             is
             this
             ,
             first
             you
             must
             have
             him
             perjured
             ,
             and
             we
             are
             not
             now
             to
             try
             ,
             Whether
             that
             thing
             sworn
             in
             another
             place
             be
             true
             or
             false
             ?
             Because
             that
             is
             the
             way
             to
             accuse
             whom
             you
             please
             ;
             and
             that
             may
             make
             a
             man
             a
             Liar
             ,
             that
             cann't
             imagine
             this
             will
             be
             put
             to
             him
             :
             and
             so
             no
             mans
             testimony
             that
             comes
             to
             be
             a
             Witness
             ,
             shall
             leave
             himself
             safe
             .
             And
             this
             is
             another
             Case
             ,
             If
             he
             swore
             in
             another
             place
             what
             is
             contradictory
             to
             what
             he
             says
             now
             ;
             then
             it
             is
             proper
             .
             If
             you
             could
             prove
             that
             he
             had
             sworn
             in
             another
             place
             that
             he
             never
             saw
             you
             ,
             it
             is
             very
             proper
             :
             but
             now
             to
             us
             he
             says
             ,
             That
             he
             doth
             not
             remember
             whether
             ever
             he
             had
             seen
             a
             Divorce
             ,
             or
             that
             you
             had
             sued
             out
             a
             Divorce
             .
             All
             that
             he
             remembers
             is
             ,
             That
             you
             said
             ,
             you
             had
             expended
             a
             great
             deal
             of
             money
             about
             a
             Divorce
             ,
             and
             that
             is
             all
             he
             testifies
             here
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             my
             Evidence
             against
             Mr.
             Oates
             is
             this
             ,
             That
             he
             waves
             what
             he
             said
             before
             ,
             when
             I
             came
             to
             ask
             him
             ,
             and
             says
             ,
             I
             don't
             remember
             .
             Now
             ,
             my
             Lord
             ,
             if
             he
             lies
             in
             one
             thing
             ,
             he
             may
             in
             another
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             No
             man
             can
             remember
             all
             the
             things
             that
             ever
             he
             did
             in
             his
             life
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             have
             Witnesses
             to
             appeal
             to
             ,
             to
             witness
             every
             thing
             ;
             and
             I
             represent
             it
             here
             to
             you
             ,
             that
             I
             would
             with
             
             
             
             all
             my
             heart
             have
             Indicted
             him
             of
             Perjury
             ,
             but
             for
             Mr.
             
               Atturney
               General
            
             :
             for
             I
             Imploy'd
             Two
             to
             Attend
             the
             Clerk
             of
             the
             Peace
             for
             Copies
             of
             the
             Indictments
             against
             Mr.
             Langborn
             and
             Mr.
             Ireland
             ;
             they
             did
             come
             to
             the
             Clerk
             of
             the
             Peace
             ,
             saith
             the
             Clerk
             of
             the
             Peace
             ,
             I
             can't
             do
             it
             without
             Mr.
             
             Atturney's
             Authority
             .
             My
             Lord
             ,
             saith
             he
             ,
             I
             would
             give
             them
             you
             with
             all
             my
             heart
             ,
             but
             I
             must
             have
             leave
             from
             the
             Table
             .
          
        
         
           
             Att.
             General
             ,
          
           
             No
             ,
             my
             Lord
             ,
             I
             told
             you
             ,
             I
             would
             not
             give
             it
             you
             without
             you
             had
             an
             Order
             from
             the
             King
             ,
             and
             the
             Council
             did
             not
             think
             fit
             to
             give
             it
             you
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             think
             this
             is
             a
             little
             pertinent
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             How
             doth
             any
             thing
             that
             your
             Lordship
             excepts
             against
             in
             this
             Gentleman's
             Testimony
             contradict
             it self
             ?
             All
             that
             you
             accuse
             him
             of
             is
             ,
             That
             Mr
             Oates
             had
             said
             he
             heard
             you
             say
             ,
             you
             had
             spent
             a
             great
             deal
             of
             Money
             about
             a
             Divorce
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             only
             shew
             ,
             if
             you
             are
             pleased
             to
             hear
             it
             ,
             that
             he
             reported
             to
             the
             King
             that
             he
             actually
             saw
             the
             Divorce
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             That
             agrees
             well
             enough
             with
             what
             he
             says
             now
             .
          
        
         
           
             Prisoner
             ,
          
           
             He
             said
             so
             in
             your
             Lordships
             hearing
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             don't
             remember
             it
             ,
             If
             I
             did
             I
             would
             speak
             of
             it
             ;
             I
             don't
             remember
             it
             upon
             my
             word
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             I
             protest
             I
             don't
             remember
             a
             word
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             In
             the
             Court
             did
             he
             say
             it
             ?
          
        
         
           
             J.
             Raymond
             ,
          
           
             Here
             we
             are
             all
             three
             that
             were
             present
             ,
             I
             protest
             I
             don't
             remember
             it
             ;
             but
             as
             to
             the
             business
             of
             the
             Divorce
             ,
             I
             might
             look
             upon
             it
             as
             impertinent
             ,
             and
             so
             possibly
             might
             not
             mind
             what
             he
             said
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             only
             offer
             this
             to
             you
             ,
             and
             if
             your
             Lordships
             command
             me
             to
             desist
             I
             will
             desist
             .
          
        
         
           
             Dr.
             Oates
             ,
          
           
             I
             desire
             my
             Evidence
             to
             prove
             that
             I
             was
             in
             Town
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             Pray
             ,
             Mr.
             Oates
             ,
             you
             are
             an
             Evidence
             ,
             you
             must
             be
             govern'd
             by
             Mr.
             Atturney
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             It
             would
             be
             very
             fit
             ,
             Mr.
             
               Atturney
               ▪
            
             to
             prove
             that
             Mr.
             Oates
             did
             come
             over
             with
             Hilsley
             in
             the
             Pacquet
             Boat.
             
          
        
         
           
             J.
             Raymond
             ,
          
           
             Mr.
             Oates
             ,
             I
             remember
             very
             well
             gave
             an
             Account
             of
             his
             coming
             over
             ,
             said
             he
             ,
             I
             did
             come
             over
             with
             such
             and
             such
             persons
             ,
             and
             among
             the
             rest
             was
             Mr.
             Hilsley
             .
             
             This
             is
             only
             to
             prove
             that
             he
             was
             at
             the
             Consult
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             We
             can
             prove
             it
             .
          
        
         
           [
           Records
           produced
           against
           Mr.
           Dangerfield
           .
        
         
           
             L.
             C.
             J.
             
          
           
             Here
             is
             ,
             That
             he
             was
             burnt
             in
             the
             hand
             ,
             and
             Outlawed
             for
             Felony
             ,
             Pilloryed
             for
             Cheating
             ,
             Twice
             Pilloryed
             ,
             and
             see
             whether
             he
             was
             Whipt
             or
             no.
             
          
        
         
           
             Sir
             F.
             W.
             
          
           
             I
             know
             nothing
             of
             the
             Pillory
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             Here
             was
             a
             Record
             of
             being
             burnt
             in
             the
             hand
             ,
             and
             a
             Record
             for
             putting
             away
             false
             Guinneys
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             For
             that
             he
             was
             to
             stand
             in
             the
             Pillory
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             Here
             is
             one
             Record
             for
             another
             Shilling
             gilt
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             that
             in
             the
             Pillory
             too
             ?
          
        
         
           
             Att.
             Gen.
             
          
           
             He
             was
             fined
             Fifty
             Pounds
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             Here
             are
             Three
             in
             Salisbury
             for
             Three
             several
             Guinneys
             ,
             and
             he
             was
             Adjudged
             to
             the
             Pillory
             for
             them
             all
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             It
             was
             all
             at
             one
             Assizes
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Brother
             Tryed
             him
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             He
             was
             Tryed
             before
             Mr.
             Justice
             Jones
             ,
             and
             to
             stand
             in
             the
             Pillory
             for
             all
             three
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             have
             you
             else
             to
             say
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Call
             Mrs.
             Cellier
             and
             Mr.
             Dowdal
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             is
             your
             Name
             ,
             Sir
             ?
          
        
         
           
             Dowdal
             ,
          
           
             My
             Name
             is
             
               Bennet
               Dowdal
            
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             have
             you
             to
             say
             to
             him
             ,
             my
             Lord
             ?
          
        
         
           
             Prisoner
             ,
          
           
             Mr.
             Dowdal
             the
             case
             is
             this
             ,
             Mr.
             Dangerfield
             tells
             me
             .
             I
             was
             angry
             with
             him
             at
             such
             a
             time
             for
             a
             business
             at
             my
             house
             ;
             was
             I
             not
             angry
             with
             him
             at
             
               Powis
               house
            
             for
             going
             to
             the
             Lords
             in
             the
             Tower
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             Then
             he
             did
             go
             about
             it
             ?
          
        
         
           
             Dowdal
             ,
          
           
             Mrs.
             Cellier
             spake
             to
             me
             to
             speak
             to
             Mr.
             Dangerfield
             not
             to
             be
             troubled
             at
             your
             anger
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             When
             was
             this
             ?
          
        
         
           
             Dowdal
             ,
          
           
             After
             the
             Jesuites
             died
             .
          
        
         
           
             Prisoner
             ,
          
           
             He
             proves
             this
             ,
             That
             Mrs.
             Cellier
             spake
             to
             him
             to
             pacify
             Mr.
             Dangerfield
             ,
             and
             Dangerfield
             did
             tell
             him
             I
             was
             angry
             with
             him
             for
             going
             in
             my
             Name
             to
             the
             Lords
             .
          
        
         
           
           
             J.
             Raymond
             ,
          
           
             He
             says
             no
             such
             thing
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             must
             not
             ask
             him
             what
             Mrs.
             Cellier
             said
             .
          
        
         
           
             Mrs.
             Cellier
             ,
          
           
             This
             day
             Twelve
             Month
             he
             and
             I
             had
             been
             employed
             in
             writing
             Copies
             of
             some
             Letters
             ,
             and
             I
             sent
             him
             to
             my
             Lord
             to
             know
             if
             he
             would
             go
             something
             towards
             the
             Printing
             them
             ,
             and
             he
             went
             from
             him
             to
             the
             Lords
             in
             the
             Tower.
             In
             an
             hour
             and
             half
             after
             ,
             my
             Lord
             came
             to
             me
             very
             angry
             :
             Mrs.
             Cellier
             ,
             said
             he
             ,
             I
             thought
             you
             would
             not
             forfeit
             your
             discretion
             to
             send
             such
             a
             Rascal
             to
             me
             ;
             if
             you
             send
             him
             to
             me
             again
             I
             will
             bid
             my
             Servants
             kick
             him
             .
             And
             ,
             said
             I
             ,
             to
             Mr.
             Dangerfield
             ,
             you
             are
             not
             to
             note
             that
             ;
             for
             he
             is
             a
             very
             good
             Man
             ,
             and
             may
             be
             angry
             one
             time
             and
             pleased
             another
             ;
             and
             I
             would
             have
             sent
             him
             another
             time
             ,
             and
             said
             he
             ,
             Pray
             Madam
             ,
             don't
             send
             me
             thither
             ,
             I
             would
             rather
             go
             an
             hundred
             miles
             of
             your
             Errand
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Dangerfield
             ,
             that
             Discourse
             you
             had
             with
             my
             Lord
             ,
             was
             it
             before
             the
             Jesuits
             dyed
             or
             after
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             What
             Discourse
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             When
             you
             discours'd
             about
             killing
             the
             King.
             
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             No
             ,
             my
             Lord
             ,
             Two
             months
             after
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             When
             was
             the
             time
             that
             these
             words
             were
             spoken
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             When
             his
             Lordship
             was
             in
             that
             Passion
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             When
             was
             that
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             My
             Lord
             ,
             it
             was
             about
             the
             middle
             of
             August
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             you
             ever
             in
             his
             Company
             after
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             No
             my
             Lord
             ,
             I
             saw
             him
             once
             at
             Powis
             House
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Had
             he
             ever
             been
             angry
             before
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             No
             not
             till
             this
             time
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Here
             Mrs.
             Cellier
             witnesses
             that
             this
             day
             twelve
             month
             ,
             my
             Lord
             was
             extreamly
             angry
             ,
             insomuch
             that
             when
             she
             would
             have
             had
             you
             go
             on
             an
             Errand
             you
             would
             not
             .
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             My
             Lord
             ,
             that
             time
             I
             had
             been
             with
             my
             Lord
             Castlemain
             ,
             I
             went
             home
             to
             Mrs.
             Celliers
             house
             ,
             which
             I
             did
             then
             call
             my
             home
             ,
             and
             said
             I
             ,
             My
             Lord
             Castlemain
             is
             most
             violently
             angry
             with
             me
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             When
             was
             this
             ?
          
        
         
           
             Mr.
             Dangerfield
             ,
          
           
             This
             was
             the
             latter
             end
             of
             August
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             she
             talks
             of
             this
             time
             Twelve-month
             .
          
        
         
           
           
             Mr.
             Dangerfield
             ,
          
           
             It
             is
             no
             such
             thing
             my
             Lord.
             
          
        
         
           
             Mrs.
             Cellier
             ,
          
           
             I
             said
             ,
             Pray
             carry
             this
             Letter
             to
             my
             Lord
             Castlemain
             :
             Pray
             excuse
             me
             ,
             said
             he
             ,
             I
             had
             rather
             go
             an
             hundred
             Miles
             than
             go
             by
             his
             door
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Whereas
             Dangerfield
             says
             ,
             He
             had
             this
             Discourse
             in
             August
             ,
             Mrs.
             Cellier
             says
             in
             June
             or
             July
             ,
             this
             day
             twelve-month
             particularly
             she
             gave
             him
             a
             Letter
             ,
             and
             he
             said
             ,
             Pray
             excuse
             me
             ,
             I
             would
             go
             an
             Hundred
             Miles
             for
             you
             ;
             but
             I
             would
             not
             go
             into
             my
             Lords
             Company
             again
             if
             I
             could
             help
             it
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lord
             ,
             Mr.
             Dowdal
             can
             tell
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             he
             acknowledg
             to
             you
             my
             Lords
             anger
             in
             the
             beginning
             of
             July
             ?
          
        
         
           
             Dowdal
             ,
          
           
             It
             was
             within
             a
             week
             after
             the
             Jesuits
             died
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             don't
             know
             that
             .
          
        
         
           
             Dowdal
             ,
          
           
             It
             was
             about
             the
             Twenty
             first
             of
             June
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Here
             are
             two
             Witnesses
             ,
             one
             saies
             in
             June
             or
             the
             beginning
             of
             July
             ;
             says
             Mrs.
             Cellier
             ,
             this
             day
             twelve-month
             ,
             he
             came
             and
             told
             me
             my
             Lord
             was
             extreamly
             angry
             with
             him
             .
             And
             she
             would
             afterwards
             have
             had
             him
             carried
             a
             Letter
             :
             But
             he
             said
             ,
             Pray
             excuse
             me
             ,
             I
             would
             go
             an
             hundred
             miles
             ,
             but
             he
             would
             not
             go
             again
             to
             him
             if
             he
             could
             help
             it
             .
             And
             Dowdal
             says
             he
             told
             him
             about
             that
             time
             of
             my
             Lords
             anger
             with
             him
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Hold
             your
             tongue
             ,
             Mr.
             Dangerfield
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             What
             Jesuits
             ?
          
        
         
           
             Dowdal
             ,
          
           
             The
             five
             Jesuits
             .
          
        
         
           
             Prisoner
             ,
          
           
             If
             you
             please
             ,
             my
             Lords
             ,
             I
             would
             only
             tell
             you
             this
             .
             My
             Lords
             ,
             you
             see
             that
             these
             two
             Witnesses
             testify
             ,
             that
             I
             was
             angry
             with
             Mr.
             Dangerfield
             ,
             in
             June
             ,
             My
             Lords
             ,
             I
             only
             say
             this
             to
             you
             ,
             that
             when
             I
             was
             Examined
             at
             the
             Council
             before
             the
             King
             of
             this
             Particular
             ,
             my
             Lord
             Chancellour
             asked
             him
             the
             Particulars
             of
             it
             ,
             and
             he
             did
             confess
             this
             thing
             which
             I
             now
             prove
             .
             Now
             my
             Lords
             ,
             I
             inferr
             this
             ,
             if
             I
             was
             so
             angry
             with
             him
             for
             offering
             to
             go
             to
             the
             Tower
             when
             he
             went
             to
             the
             Tower
             in
             my
             Name
             —
          
        
         
           
             L.
             C.
             J.
             
          
           
             That
             they
             have
             said
             ,
             that
             you
             were
             very
             angry
             .
          
        
         
           
             Dowdal
             ,
          
           
             Dangerfield
             told
             me
             so
             ,
             that
             he
             was
             angry
             about
             his
             going
             to
             the
             Tower
             in
             my
             Lords
             Name
             unknown
             to
             him
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Here
             are
             two
             Witnesses
             to
             prove
             ,
             that
             my
             Lord
             
             was
             angry
             with
             him
             for
             going
             to
             the
             Tower
             in
             his
             name
             ,
             and
             they
             both
             testify
             he
             was
             extreamly
             high
             and
             refused
             to
             carry
             a
             Letter
             to
             my
             Lord
             ;
             and
             yet
             he
             says
             in
             August
             following
             he
             had
             this
             Discourse
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             have
             now
             only
             one
             thing
             to
             say
             ,
             what
             hath
             past
             between
             Mr.
             Oates
             and
             Mr.
             Dangerfield
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Do
             it
             as
             near
             as
             you
             can
             .
          
        
         
           
             Sir
             F.
             W.
             
          
           
             We
             have
             some
             other
             Evidence
             to
             answer
             this
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             If
             your
             Lordship
             please
             ,
             we
             will
             call
             two
             or
             three
             Witnesses
             to
             Prove
             the
             Point
             .
             First
             to
             prove
             this
             last
             thing
             ,
             that
             we
             have
             been
             in
             my
             Lords
             company
             later
             than
             my
             Lord
             speaks
             of
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             says
             August
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             We
             will
             prove
             after
             that
             time
             ,
             that
             is
             the
             time
             that
             pinches
             us
             .
          
        
         
           
             Prisoner
             ,
          
           
             My
             Lady
             Powis
             is
             in
             Court
             ,
             will
             you
             hear
             her
             ?
          
        
         
           
             Lady
             Powis
             ,
          
           
             My
             Lord
             ,
             I
             never
             did
             send
             a
             Letter
             by
             Mr.
             Dangerfield
             to
             any
             body
             in
             my
             life
             ,
             nor
             I
             never
             read
             a
             Letter
             in
             Mr.
             Dangerfields
             presence
             ,
             nor
             never
             had
             him
             so
             much
             in
             my
             company
             to
             read
             a
             Letter
             or
             any
             tittle
             to
             him
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             will
             tell
             you
             Gentlemen
             ,
             what
             he
             says
             ,
             Mr.
             Dangerfield
             swears
             he
             carried
             a
             Letter
             from
             my
             Lady
             Powis
             to
             my
             Lord
             Castlemain
             ,
             and
             there
             was
             an
             answer
             brought
             back
             ,
             and
             that
             ,
             that
             answer
             of
             my
             Lord
             Castlemains
             was
             read
             before
             him
             ,
             and
             (
             you
             will
             do
             well
             to
             call
             Mrs.
             Cellier
             in
             again
             )
             my
             Lady
             Powis
             doth
             deny
             that
             she
             ever
             sent
             a
             Letter
             by
             him
             to
             my
             Lord
             Castlemain
             ,
             or
             any
             body
             else
             ,
             by
             him
             in
             her
             life
             ;
             or
             that
             she
             ever
             communicated
             any
             Letter
             to
             him
             :
             This
             is
             apt
             Evidence
             ,
             this
             is
             the
             truth
             of
             it
             ;
             for
             it
             answers
             directly
             to
             what
             he
             says
             against
             my
             Lord
             Castlemain
             .
          
        
         
           [
           Sir
           Richard
           Barker
           .
        
         
           
             L.
             C.
             J.
             
          
           
             What
             say
             you
             ,
             Sir
             
               Richard
               Barker
            
             ,
             can
             you
             give
             any
             account
             of
             Oates
             ?
             When
             was
             Mr.
             Oates
             in
             Town
             ?
             What
             time
             that
             you
             know
             of
             ?
          
        
         
           
             Sir
             R.
             B.
             
          
           
             My
             Lord
             ,
             I
             remember
             we
             were
             once
             upon
             this
             before
             your
             Lordship
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             In
             78
             ?
          
        
         
           
             Sir
             R.
             B.
             
          
           
             Yes
             my
             Lord
             ,
             the
             Evidence
             that
             I
             gave
             ,
             my
             Lord
             ,
             was
             only
             this
             ,
             that
             my
             servants
             told
             me
             that
             Mr.
             Oates
             had
             been
             at
             my
             house
             :
             It
             was
             before
             Whitsontide
             ,
             in
             May
             78
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             Did
             you
             see
             him
             then
             ?
             When
             was
             it
             you
             saw
             him
             ?
          
        
         
           
             Sir
             R.
             B.
             
          
           
             My
             Lord
             ,
             I
             saw
             him
             after
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             long
             after
             ?
          
        
         
           
             Sir
             R.
             B.
             
          
           
             My
             Lord
             ,
             it
             was
             about
             the
             latter
             end
             of
             June
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             says
             to
             his
             own
             knowledg
             he
             saw
             him
             in
             June
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             But
             we
             have
             his
             servants
             here
             too
             ,
             
               Phillip
               Page
            
             ,
             and
             
               Cecily
               Mayo
            
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Do
             you
             hear
             ,
             Mrs
             Cellier
             ,
             was
             there
             any
             Letter
             sent
             by
             my
             Lord
             Castlemain
             to
             my
             Lady
             Powis
             ,
             that
             was
             read
             before
             you
             and
             Dangerfieild
             ?
             Mrs.
             Cellier
             ,
             No
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Here
             are
             two
             witnesses
             ,
             my
             Lady
             says
             there
             is
             no
             such
             thing
             ,
             and
             Mrs.
             Cellier
             says
             it
             .
          
        
         
           
             Prisoner
             ,
          
           
             There
             is
             another
             thing
             ,
             that
             is
             ,
             The
             teaching
             the
             Scholars
             at
             St.
             Omers
             ,
             that
             I
             taught
             the
             Scholars
             their
             Lessons
             .
          
        
         
           —
           Turner
           .
        
         
           
             Sollic
             .
             Gen.
             
          
           
             Pray
             inform
             my
             Lord
             and
             the
             Jury
             ,
             what
             time
             it
             was
             you
             saw
             Mr.
             Dangerfield
             at
             my
             Lord
             Castlemains
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             Month
             can
             you
             charge
             your self
             to
             say
             ,
             you
             saw
             Dangerfield
             in
             my
             Lord
             Castlemains
             company
             .
          
        
         
           
             Turner
             ,
          
           
             I
             can't
             say
             just
             the
             time
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Might
             it
             be
             August
             ?
          
        
         
           
             Turner
             ,
          
           
             I
             can't
             well
             tell
             ,
             I
             think
             it
             might
             be
             about
             July
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             Why
             do
             you
             think
             so
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             are
             not
             asked
             to
             accuse
             your self
             in
             any
             thing
             ,
             but
             when
             you
             saw
             them
             together
             .
          
        
         
           
             Turner
             ,
          
           
             I
             was
             coming
             down
             stairs
             ,
             my
             Lord.
             
          
        
         
           
             J.
             Raymond
             ,
          
           
             You
             don't
             tell
             when
             it
             was
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Tell
             us
             whether
             you
             can
             tell
             or
             no
             :
             If
             you
             are
             doubtful
             ,
             say
             you
             are
             doubtful
             ;
             but
             speak
             the
             truth
             .
          
        
         
           
             Turner
             ,
          
           
             I
             can't
             be
             positive
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             It
             might
             be
             in
             June
             ,
             or
             July
             ,
             or
             August
             ,
             but
             you
             think
             July
             ?
          
        
         
           
             Turner
             ,
          
           
             Yes
             ,
             Sir.
             
          
        
         
           
             Sir
             F.
             W.
             
          
           
             The
             sooner
             it
             is
             after
             that
             the
             Evidence
             is
             ,
             the
             better
             against
             it
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Madam
             ,
             I
             think
             your
             Ladiship
             says
             you
             never
             sent
             a
             Letter
             by
             Dangerfield
             ?
          
        
         
           
             Lady
             Powis
             ,
          
           
             Yes
             ,
             Sir.
             
          
        
         
           
             Att.
             Gen
             ,
          
           
             Nor
             did
             you
             never
             receive
             any
             Notes
             from
             him
             ?
          
        
         
           
             Lady
             Powis
             ,
          
           
             I
             have
             received
             some
             Notes
             from
             Mrs.
             Cellier
             ,
             which
             were
             his
             Writing
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             But
             did
             you
             ever
             receive
             a
             Letter
             from
             my
             Lord
             Castlemain
             ?
          
        
         
           
             Lady
             Powis
             ,
          
           
             Never
             ,
             my
             Lord.
             
          
        
         
           —
           Woodman
           .
        
         
           
             J.
             Raymond
             ,
          
           
             What
             do
             you
             say
             ,
             Mr.
             Atturney
             ?
          
        
         
           
             Att.
             Gen
             ,
          
           
             Heark
             you
             ,
             Woodman
             ,
             were
             you
             sent
             with
             any
             Letter
             ?
          
        
         
           
             Woodman
             ,
          
           
             To
             whom
             ?
          
        
         
           
             Att.
             General
             ,
          
           
             To
             my
             Lord
             Castlemain
             ,
             or
             any
             body
             ?
          
        
         
           
             Woodman
             ,
          
           
             I
             was
             sent
             with
             one
             Letter
             ,
             it
             was
             Mrs.
             Celliers
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             To
             whom
             ?
          
        
         
           
             Woodman
             ,
          
           
             To
             my
             Lord
             Castlemain
             ;
             as
             I
             remember
             ,
             my
             Lord
             ,
             I
             took
             it
             from
             Mrs.
             Celliers
             Daughter
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Did
             you
             ever
             receive
             any
             money
             of
             my
             Lord
             Castlemain
             ?
          
        
         
           
             Woodman
             ,
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             was
             it
             ?
             How
             much
             was
             it
             ?
          
        
         
           
             Woodman
             ,
          
           
             About
             Three
             Pounds
             or
             Thirty
             Shillings
             ,
             I
             believe
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             How
             do
             you
             believe
             it
             ?
          
        
         
           
             Woodman
             ,
          
           
             To
             the
             best
             of
             my
             thoughts
             it
             was
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             Was
             it
             for
             Dangerfield
             ?
          
        
         
           
             Woodman
             ,
          
           
             My
             Lord
             I
             don't
             know
             that
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Have
             you
             any
             more
             ?
          
        
         
           
             Solic
             .
             Gen.
             
          
           
             My
             Lord
             I
             have
             this
             to
             say
             to
             prove
             Dr.
             Oates
             was
             in
             London
             in
             April
             78.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             He
             doth
             not
             deny
             but
             he
             might
             be
             here
             too
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             don't
             dispute
             it
             ,
             my
             Lord
             ,
             I
             have
             only
             this
             one
             word
             more
             .
             It
             is
             not
             of
             Treason
             ,
             but
             it
             is
             against
             my
             Reputation
             ;
             because
             this
             man
             ,
             before
             your
             Lordship
             ,
             I
             think
             hath
             accused
             me
             of
             it
             ;
             and
             I
             think
             ,
             my
             Lord
             ,
             I
             shall
             give
             you
             very
             good
             satisfction
             :
             that
             is
             ,
             that
             the
             boys
             that
             came
             from
             St.
             Omers
             were
             not
             instructed
             and
             taught
             by
             me
             .
             Now
             if
             you
             please
             ,
             my
             Lord
             ,
             to
             give
             me
             leave
             to
             shew
             it
             ,
             I
             have
             done
             .
             Look
             ,
             my
             Lord
             ,
             the
             thing
             that
             I
             can
             say
             ,
             is
             this
             ,
             Mr.
             Littcott
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             You
             see
             he
             said
             it
             was
             morally
             impossible
             .
          
        
         
           
             Prisoner
             ,
          
           
             Pray
             my
             Lords
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             I
             will
             undertake
             you
             will
             say
             it
             is
             time
             lost
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             I
             would
             stay
             some
             time
             to
             observe
             to
             the
             Jury
             what
             I
             have
             taken
             notice
             of
             with
             all
             my
             heart
             ,
             but
             I
             should
             be
             gone
             .
          
        
         
           
             Prisoner
             ,
          
           
             I
             have
             done
             my
             Lord
             ,
             I
             would
             not
             say
             any
             thing
             to
             disgust
             any
             body
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Gentlemen
             of
             the
             Jury
             ,
             I
             will
             deliver
             my
             Observations
             in
             this
             Cause
             as
             I
             would
             in
             any
             Cause
             ,
             to
             the
             best
             of
             my
             Understanding
             ,
             and
             will
             make
             those
             Observations
             that
             are
             as
             Natural
             as
             I
             know
             how
             to
             do
             ;
             and
             proper
             for
             you
             to
             take
             notice
             of
             .
             It
             is
             in
             vain
             to
             dispute
             what
             my
             Lord
             stands
             indicted
             of
             :
             It
             is
             for
             attempting
             to
             murder
             the
             King
             ,
             and
             change
             our
             Government
             and
             our
             Religion
             .
             To
             prove
             this
             ,
             there
             hath
             been
             Two
             Witnesses
             only
             that
             are
             material
             ,
             and
             that
             is
             Mr.
             Oates
             in
             the
             first
             place
             ,
             and
             Mr.
             Oates
             his
             Evidence
             ,
             the
             Sum
             of
             it
             is
             to
             be
             reduced
             —
          
        
         
           
             L.
             C.
             J.
             
          
           
             Mr.
             Atturney
             ,
             do
             you
             stand
             up
             to
             speak
             any
             thing
             ?
          
        
         
           
             Att.
             Gen.
             
          
           
             If
             your
             Lordship
             pleases
             ,
             we
             will
             Sum
             up
             the
             Evidence
             for
             the
             King
             ,
             not
             to
             offend
             your
             Lordship
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             If
             you
             would
             be
             short
             ,
             Mr.
             Atturney
             ,
             we
             would
             not
             hinder
             you
             of
             any
             thing
             .
          
        
         
           
             Att.
             Gen.
             
          
           
             I
             'll
             be
             very
             short
             .
          
           
             If
             it
             please
             your
             Lordship
             ,
             and
             you
             Gentlemen
             of
             the
             Jury
             ,
             My
             Lord
             Castlemain
             is
             here
             charged
             with
             High
             Treason
             .
             The
             proof
             that
             we
             have
             against
             him
             is
             by
             two
             Witnesses
             ,
             that
             is
             ,
             Dr.
             Oates
             and
             Mr.
             Dangerfield
             .
             Mr.
             Oates
             he
             doth
             swear
             this
             ,
             namely
             ,
             That
             after
             the
             Consult
             (
             for
             I
             will
             bring
             it
             in
             short
             )
             that
             after
             the
             Consult
             that
             was
             for
             killing
             the
             King
             and
             altering
             the
             Government
             ,
             my
             Lord
             Castlemain
             being
             acquainted
             with
             it
             at
             Mr.
             
             Fenwick's
             Chamber
             ,
             did
             hope
             it
             good
             success
             ,
             and
             that
             he
             should
             come
             to
             be
             reveng'd
             .
             Mr.
             Dangerfield
             he
             hath
             proved
             ,
             That
             being
             treated
             with
             to
             kill
             the
             King
             ,
             and
             having
             refused
             to
             do
             it
             ,
             my
             Lord
             Castlemain
             was
             very
             angry
             with
             him
             for
             it
             ;
             and
             said
             ,
             
               Why
               wan't
               you
               do
               that
               for
               which
               you
               were
               taken
               out
               of
               Prison
               ?
            
             Here
             are
             two
             Witnesses
             express
             .
             What
             is
             said
             against
             Mr.
             Oates
             signifies
             nothing
             .
             As
             to
             Mr.
             Dangerfield
             there
             are
             some
             Exceptions
             ,
             which
             we
             must
             confess
             to
             be
             true
             ;
             but
             he
             is
             a
             Witness
             ,
             and
             my
             Lord
             ,
             such
             matters
             are
             to
             be
             expected
             to
             be
             proved
             by
             such
             Witnesses
             :
             for
             if
             a
             man
             will
             discover
             Robberies
             ,
             he
             must
             go
             to
             such
             persons
             as
             do
             such
             things
             ;
             and
             if
             Treasons
             ,
             it
             must
             be
             among
             
             them
             that
             have
             been
             employed
             in
             such
             things
             .
             Though
             he
             were
             a
             dishonest
             man
             before
             ,
             yet
             he
             may
             be
             honest
             now
             .
             He
             was
             never
             guilty
             of
             any
             Treason
             but
             as
             he
             was
             employed
             amongst
             them
             .
             There
             are
             some
             Witnesses
             brought
             to
             encounter
             him
             ,
             and
             one
             is
             my
             Lady
             Powis
             ,
             who
             ,
             as
             he
             says
             ,
             sent
             him
             with
             a
             Letter
             to
             my
             Lord
             Castlemain
             ;
             but
             she
             says
             she
             did
             never
             send
             a
             Letter
             by
             him
             :
             And
             others
             say
             he
             would
             never
             come
             at
             my
             Lord
             Castlemain
             after
             he
             was
             angry
             ,
             which
             was
             in
             June
             .
             Now
             for
             that
             ,
             Gentlemen
             ,
             you
             do
             hear
             Turner
             say
             ,
             That
             in
             July
             or
             August
             ,
             for
             he
             can't
             tell
             which
             ,
             he
             thinks
             it
             might
             be
             July
             ,
             he
             saw
             Dangerfield
             at
             my
             Lord
             Castlemains
             ;
             so
             that
             that
             encounters
             that
             Evidence
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             If
             Mr.
             Atturney
             had
             not
             interrupted
             me
             ,
             I
             would
             not
             have
             left
             out
             any
             thing
             of
             this
             nature
             ;
             for
             I
             would
             be
             certainly
             careful
             ,
             where
             the
             Kings
             life
             lies
             at
             Stake
             .
             I
             would
             be
             sure
             to
             preserve
             my
             Sovereign
             above
             all
             things
             ,
             and
             therefore
             no
             man
             ought
             to
             think
             that
             I
             should
             be
             partial
             in
             a
             Cause
             wherein
             our
             Religion
             and
             the
             Life
             of
             the
             King
             and
             the
             Government
             is
             in
             danger
             .
             But
             I
             must
             say
             on
             the
             other
             side
             ,
             That
             there
             should
             be
             good
             competent
             Proofs
             of
             these
             things
             against
             those
             accused
             ,
             because
             their
             Lives
             and
             Fortunes
             ,
             and
             Honours
             ,
             and
             a●l
             are
             at
             stake
             .
             And
             so
             ,
             Gentlemen
             ,
             we
             shall
             discharge
             our
             Consciences
             to
             the
             best
             of
             our
             understandings
             ,
             and
             deal
             uprightly
             on
             both
             hands
             .
          
           
             For
             the
             Case
             it
             stands
             thus
             ,
             It
             is
             truly
             observed
             by
             Mr.
             Atturney
             ,
             That
             there
             are
             but
             two
             material
             Witnesses
             to
             the
             Charge
             of
             this
             Indictment
             ,
             that
             is
             to
             say
             ,
             Mr.
             Oates
             and
             Dangerfield
             .
             Mr.
             Oates
             his
             Testimony
             is
             in
             two
             things
             ,
             the
             one
             close
             ,
             the
             other
             is
             more
             remote
             .
             That
             more
             remote
             ,
             is
             ,
             That
             he
             had
             a
             Letter
             to
             send
             to
             my
             Lord
             Castlemain
             ,
             which
             he
             gave
             to
             the
             Provincial
             to
             send
             it
             ,
             and
             as
             he
             says
             ,
             he
             saw
             a
             Letter
             subscribed
             Castlemain
             ,
             and
             that
             afterwards
             by
             seeing
             him
             write
             a
             Superscription
             ,
             he
             could
             recollect
             the
             Character
             so
             well
             ,
             that
             he
             believed
             that
             to
             be
             his
             hand
             which
             he
             saw
             in
             Spain
             among
             the
             Jesuits
             ,
             or
             the
             Fathers
             ,
             as
             they
             call
             them
             there
             ,
             to
             whom
             they
             communicated
             that
             Letter
             ;
             wherein
             he
             mentioned
             the
             general
             Design
             ,
             that
             is
             ,
             the
             bringing
             in
             Popery
             ;
             which
             is
             the
             bringing
             in
             the
             Catholick
             Religion
             ,
             as
             they
             call
             it
             .
             That
             is
             more
             remote
             .
             He
             says
             there
             were
             Letters
             past
             between
             them
             ,
             wherein
             my
             Lord
             approved
             of
             some
             things
             and
             disapproved
             of
             others
             ,
             which
             related
             to
             the
             Design
             ;
             by
             which
             ,
             says
             Mr.
             Oates
             ,
             we
             meant
             the
             whole
             Matter
             and
             Transaction
             of
             Killing
             the
             King
             ;
             and
             that
             doth
             appear
             by
             that
             Letter
             he
             saw
             of
             my
             Lord
             Castlemains
             ,
             for
             that
             annexes
             to
             Design
             the
             advancing
             the
             Catholick
             Religion
             .
             The
             first
             time
             he
             saw
             him
             ,
             he
             did
             not
             know
             who
             he
             was
             ,
             and
             there
             ,
             at
             
               Wild
               house
            
             ,
             he
             says
             ,
             That
             my
             Lord
             Castlemain
             should
             drop
             out
             some
             words
             which
             were
             suspicious
             ,
             and
             one
             thing
             as
             if
             he
             understood
             something
             of
             this
             matter
             that
             they
             had
             then
             in
             agitation
             .
          
           
           
             But
             more
             particularly
             ,
             he
             says
             ,
             That
             when
             he
             came
             to
             
             Fenwick's
             Chamber
             ,
             there
             was
             the
             great
             matter
             .
             They
             talk
             ▪
             d
             before
             but
             of
             the
             Design
             in
             general
             ,
             at
             
               Wlld
               house
            
             ;
             but
             afterwards
             meeting
             in
             
               Lincolns-Inn
               Fields
            
             ,
             where
             he
             was
             told
             who
             he
             was
             ,
             they
             went
             to
             
             Fenwick's
             Chamber
             ,
             where
             they
             fell
             a
             discoursing
             about
             several
             things
             that
             related
             to
             the
             Concern
             ,
             and
             at
             last
             they
             tell
             upon
             the
             matter
             in
             hand
             ,
             and
             said
             ,
             They
             were
             glad
             to
             see
             the
             Fathers
             so
             unanimous
             in
             this
             ma●ter
             .
             I
             asked
             about
             what
             matter
             ?
             He
             said
             ,
             The
             Killing
             of
             the
             King
             and
             bringing
             in
             Popery
             :
             To
             which
             he
             says
             ,
             That
             my
             Lord
             should
             make
             Answer
             ,
             He
             wished
             them
             good
             success
             in
             their
             Design
             ,
             and
             that
             then
             he
             should
             be
             revenged
             .
             This
             is
             the
             substance
             of
             what
             Mr.
             Oates
             says
             :
             Against
             whose
             Testimony
             ,
             I
             must
             tell
             you
             there
             hath
             been
             but
             little
             .
             There
             is
             but
             little
             thrown
             upon
             Mr.
             Oates
             by
             way
             of
             disgrace
             and
             infamy
             .
             For
             that
             Verdict
             that
             the
             Jury
             sound
             against
             his
             Evidence
             ,
             it
             is
             not
             material
             ;
             for
             then
             every
             man
             must
             be
             accused
             ,
             when
             the
             Jury
             does
             not
             go
             according
             to
             the
             testimony
             he
             gives
             .
             It
             is
             not
             to
             be
             denied
             ,
             but
             there
             is
             something
             said
             against
             him
             in
             another
             particular
             ,
             and
             that
             is
             his
             coming
             over
             from
             St.
             Om●rs
             ,
             where
             he
             says
             that
             Mr.
             Hilsley
             came
             over
             with
             him
             in
             the
             Pacquet
             Boat
             ,
             but
             Mr.
             Hilsl●y
             denies
             it
             .
             Mr.
             Oates
             would
             have
             salved
             it
             ,
             by
             saying
             he
             left
             him
             at
             St.
             Omers
             .
             'T
             is
             true
             ,
             says
             Mr.
             Oates
             ,
             but
             I
             overtook
             him
             afterwards
             :
             but
             he
             says
             to
             the
             point
             ,
             that
             he
             came
             not
             with
             him
             .
             Now
             it
             is
             not
             denied
             on
             the
             other
             hand
             ,
             but
             Mr.
             Oates
             might
             be
             here
             ,
             and
             my
             Lord
             of
             Castlemaine
             seems
             to
             admit
             it
             ,
             and
             it
             is
             probable
             enough
             Mr.
             Oates
             might
             be
             here
             .
             This
             is
             all
             I
             remember
             in
             reference
             to
             Mr.
             Oates
             .
             You
             must
             weigh
             well
             with
             your selves
             how
             probable
             or
             not
             probable
             ,
             what
             he
             does
             swear
             is
             .
             But
             I
             must
             tell
             the
             Jury
             they
             are
             to
             weigh
             the
             natures
             of
             people
             among
             themselves
             ,
             as
             they
             carry
             probability
             or
             not
             ,
             or
             else
             the
             confidence
             of
             a
             Swearer
             shall
             take
             away
             any
             man's
             life
             whatsoever
             .
             And
             to
             that
             that
             Mr.
             Oates
             says
             first
             ,
             I
             understand
             not
             how
             he
             should
             be
             so
             free
             ,
             Mr.
             Oates
             being
             a
             Stranger
             to
             him
             ,
             when
             he
             knew
             not
             my
             Lord
             ,
             and
             doth
             not
             know
             whether
             my
             Lord
             knew
             him
             or
             no.
             But
             he
             says
             ,
             my
             Lord
             must
             needs
             see
             the
             Jesuits
             trusted
             him
             ,
             and
             that
             might
             make
             him
             more
             confident
             :
             That
             afterwards
             going
             to
             
             Fenwick's
             House
             ,
             he
             spake
             broader
             ;
             in
             plain
             English
             .
             They
             were
             talking
             of
             a
             Design
             to
             kill
             the
             King
             and
             bring
             in
             the
             Catholick
             Religion
             ,
             and
             Mr.
             Oates
             says
             ,
             he
             wished
             them
             good
             success
             in
             the
             Design
             ,
             and
             that
             then
             he
             should
             be
             revenged
             .
             How
             far
             this
             Oath
             is
             to
             be
             taken
             or
             not
             ,
             I
             must
             leave
             to
             your
             Consideration
             .
          
           
             The
             next
             is
             Mr.
             Dangerfield
             ,
             for
             nothing
             infamous
             is
             proved
             against
             Mr.
             
               Oates
               .
               Dangerfield
            
             is
             a
             man
             of
             whom
             there
             is
             enough
             .
             You
             see
             what
             Crimes
             there
             are
             ,
             for
             it
             is
             the
             Duty
             of
             every
             Judge
             ,
             and
             I
             can't
             see
             how
             he
             can
             discharge
             his
             Conscience
             ,
             and
             the
             Duty
             he
             ows
             to
             the
             Government
             ,
             in
             respect
             of
             his
             Oath
             and
             Place
             ,
             if
             he
             doth
             not
             make
             those
             just
             Observations
             to
             the
             Jury
             which
             are
             done
             in
             all
             Cases
             :
             That
             is
             to
             say
             ,
             when
             men
             have
             contracted
             great
             Crimes
             upon
             themselves
             ,
             though
             by
             Law
             they
             may
             be
             Witnesses
             ;
             yet
             it
             hath
             always
             been
             observed
             ,
             and
             their
             Credit
             left
             to
             them
             to
             consider
             of
             .
             
             You
             see
             how
             many
             Crimes
             they
             have
             produced
             ,
             a
             matter
             of
             six
             great
             enormous
             Crimes
             ;
             and
             by
             them
             you
             will
             see
             how
             far
             you
             ought
             to
             consider
             his
             testimony
             .
             Had
             Mr.
             Dangerfield
             been
             guilty
             only
             of
             being
             concern'd
             in
             the
             Treason
             ,
             and
             come
             in
             as
             a
             Witness
             ,
             I
             should
             have
             thought
             him
             a
             very
             competent
             Witness
             ;
             for
             that
             is
             Mr.
             Oates
             his
             Case
             :
             but
             they
             prove
             Crimes
             of
             another
             sort
             and
             nature
             ,
             and
             whether
             the
             man
             of
             a
             sudden
             be
             become
             a
             Saint
             ,
             by
             being
             become
             a
             Witness
             ,
             I
             leave
             that
             to
             you
             to
             consider
             ;
             and
             how
             far
             you
             are
             satisfied
             in
             the
             main
             .
          
           
             The
             next
             thing
             is
             the
             opposition
             to
             his
             Testimony
             .
             He
             hath
             sworn
             that
             he
             carried
             a
             Letter
             from
             my
             Lady
             Powis
             to
             my
             Lord
             Castlemain
             ,
             and
             an
             Answer
             return'd
             Lack
             from
             my
             Lord
             to
             her
             ,
             and
             that
             my
             Lady
             Powis
             did
             read
             it
             in
             the
             presence
             of
             Mrs.
             Cellier
             and
             him
             .
             Of
             this
             my
             Lady
             Powis
             hath
             been
             asked
             (
             it
             is
             true
             they
             are
             not
             upon
             their
             Oaths
             ,
             but
             that
             is
             not
             their
             fault
             ,
             the
             Law
             will
             not
             allow
             it
             )
             and
             my
             Lady
             Powis
             hath
             affirmed
             to
             it
             ,
             as
             much
             as
             lay
             upon
             her
             to
             do
             ,
             that
             she
             never
             sent
             a
             Letter
             by
             Mr.
             Dangerfield
             to
             my
             Lord
             Castlemaine
             ,
             nor
             any
             Body
             else
             .
             And
             whereas
             he
             say's
             Mrs.
             Cellier
             was
             present
             ,
             she
             says
             ,
             she
             knows
             of
             no
             such
             Letter
             ,
             nor
             was
             any
             read
             in
             her
             company
             ▪
             And
             this
             is
             a
             contradicting
             his
             Evidence
             ,
             supposing
             him
             to
             be
             a
             man
             otherwise
             untouch'd
             .
             And
             whereas
             Dangerfield
             says
             that
             in
             August
             he
             was
             with
             my
             Lord
             ,
             and
             he
             said
             ,
             How
             chance
             you
             would
             not
             do
             that
             thing
             for
             which
             you
             were
             brought
             out
             of
             Prison
             ?
             
               What
               ?
               would
               you
               have
               me
               kill
               the
               King
               ?
               Yes
               ,
            
             saith
             he
             ,
             
               that
               it
               is
            
             .
             And
             my
             Lord
             speaking
             very
             angrily
             and
             very
             roughly
             ,
             made
             him
             think
             it
             time
             to
             with-draw
             out
             of
             his
             company
             ,
             and
             never
             come
             into
             his
             company
             more
             ;
             and
             that
             this
             was
             the
             time
             of
             his
             anger
             ,
             and
             no
             other
             time
             ;
             my
             Lord
             rather
             complementing
             him
             ,
             as
             he
             would
             say
             ,
             with
             friendly
             salutations
             .
             But
             they
             produce
             Witnesses
             against
             this
             .
             Says
             Mrs.
             Cellier
             ,
             this
             day
             Twelve-month
             ,
             and
             says
             t'other
             about
             a
             week
             after
             the
             Jesuits
             were
             executed
             ,
             which
             was
             about
             the
             beginning
             of
             July
             ,
             saith
             she
             ,
             I
             would
             have
             you
             carry
             a
             Letter
             to
             my
             Lord
             Castlemain
             :
             Saith
             he
             ,
             I
             would
             not
             do
             that
             ,
             I
             would
             go
             an
             Hundred
             miles
             upon
             another
             Errand
             ,
             but
             I
             would
             not
             go
             to
             him
             .
             Another
             Witness
             says
             ,
             my
             Lord
             was
             mighty
             angry
             with
             him
             ,
             and
             told
             him
             the
             cause
             ,
             because
             he
             went
             in
             his
             Name
             to
             the
             Lords
             in
             the
             Tower.
             First
             ,
             This
             contradicts
             what
             he
             said
             ,
             as
             if
             there
             had
             been
             no
             anger
             before
             .
             The
             next
             is
             ,
             That
             it
             is
             very
             improbable
             that
             my
             Lord
             should
             be
             angry
             with
             him
             so
             much
             ,
             that
             my
             Lord
             should
             be
             very
             angry
             with
             him
             for
             going
             in
             his
             Name
             to
             the
             Tower
             ,
             and
             afterwards
             for
             his
             refusing
             to
             kill
             the
             King
             ;
             when
             he
             said
             ,
             
               Why
               did
               you
               not
               do
               that
               you
               came
               out
               of
               Prison
               for
               ?
               What
               ,
               my
               Lord
               ,
               to
               kill
               the
               King
               ?
               Yes
               ,
               that
               .
            
             This
             is
             an
             Argument
             in
             opposition
             to
             his
             Testimony
             .
          
           
             The
             next
             is
             a
             Consideration
             for
             his
             Testimony
             ,
             
             Turner-says
             in
             an
             swer
             to
             that
             ,
             In
             July
             he
             takes
             it
             ,
             but
             cann't
             charge
             himself
             ,
             whether
             June
             ,
             or
             July
             ,
             or
             August
             ;
             but
             he
             himself
             thinks
             July
             ;
             that
             he
             saw
             him
             at
             the
             Lord
             
             Castlemain's
             House
             .
             And
             the
             Kings
             Council
             would
             gather
             from
             that
             ,
             there
             could
             not
             be
             such
             an
             unwillingness
             to
             go
             
             before
             that
             time
             ,
             it
             being
             after
             the
             time
             they
             speak
             of
             ,
             that
             this
             man
             saw
             him
             there
             .
             Whether
             or
             no
             it
             was
             in
             June
             ,
             or
             July
             ,
             or
             August
             ,
             is
             something
             uncertain
             .
             So
             that
             I
             have
             repeated
             as
             near
             as
             I
             can
             all
             that
             is
             substantial
             on
             either
             part
             ,
             and
             I
             have
             according
             to
             the
             best
             of
             my
             understanding
             dealt
             fairly
             on
             both
             sides
             ;
             and
             observed
             to
             you
             what
             hath
             been
             sworn
             against
             my
             Lord
             ,
             and
             what
             hath
             been
             said
             in
             contradiction
             to
             what
             they
             swear
             ;
             and
             what
             appears
             upon
             Record
             ,
             as
             to
             Dangerfield
             .
          
           
             There
             is
             a
             great
             deal
             of
             difference
             between
             Mr.
             Oates
             his
             Testimony
             and
             Mr.
             
             Dangerfield's
             ;
             for
             you
             may
             believe
             one
             ,
             when
             you
             may
             perchance
             not
             believe
             another
             .
             There
             are
             not
             those
             things
             cast
             upon
             Mr.
             Oates
             that
             are
             upon
             Mr.
             Dangerfield
             .
             Now
             I
             must
             tell
             you
             ,
             though
             they
             have
             produced
             two
             ,
             if
             you
             believe
             but
             one
             ,
             I
             think
             (
             if
             so
             be
             my
             Brethrens
             Opinions
             be
             otherwise
             ,
             I
             would
             be
             very
             willingly
             contradicted
             in
             this
             matter
             )
             if
             two
             Witnesses
             are
             produced
             ,
             both
             speaking
             materially
             to
             the
             thing
             ,
             the
             one
             is
             believed
             and
             the
             other
             not
             ,
             Whether
             upon
             these
             two
             Witnesses
             the
             Jury
             can
             find
             a
             Person
             Guilty
             ,
             or
             no
             ?
             I
             am
             of
             Opinion
             it
             is
             but
             one
             Witness
             ,
             if
             you
             don't
             believe
             one
             ;
             and
             I
             am
             sure
             one
             is
             not
             sufficient
             to
             find
             one
             Guilty
             ;
             and
             therefore
             if
             so
             be
             you
             are
             of
             another
             Opinion
             ,
             let
             us
             deal
             fairly
             and
             above-board
             ;
             that
             it
             may
             appear
             we
             deal
             rightly
             between
             the
             King
             and
             his
             Subjects
             ,
             and
             so
             preserve
             men
             that
             are
             accused
             and
             not
             guilty
             .
          
        
         
           
             J.
             Jones
             ,
          
           
             I
             think
             in
             the
             first
             place
             ,
             my
             Lord
             hath
             very
             faithfully
             delivered
             the
             Evidence
             ;
             and
             I
             do
             think
             it
             necessary
             ,
             in
             a
             Case
             of
             Treason
             ,
             That
             there
             must
             be
             Two
             Witnesses
             believed
             by
             the
             Jury
             .
          
        
         
           
             J.
             Raymond
             ,
          
           
             I
             never
             heard
             any
             man
             question
             it
             .
             If
             the
             Law
             says
             ,
             There
             must
             be
             Two
             Witnesses
             produced
             ,
             it
             says
             ,
             They
             must
             be
             both
             believed
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Now
             you
             have
             our
             Sense
             of
             it
             .
          
        
         
           [
           The
           Jury
           went
           from
           the
           Bar
           and
           returned
           .
           ]
        
         
           
             Cler.
             of
             the
             Crown
             ,
          
           
             Are
             you
             all
             agreed
             of
             your
             Verdict
             ?
          
        
         
           
             Jury
             ,
          
           
             Yes
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             Who
             shall
             speak
             for
             you
             ?
          
        
         
           
             Jury
             ,
          
           
             The
             Foreman
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             
               Roger
               Palmer
            
             Esq
             ;
             Earl
             of
             Castlemain
             in
             the
             Kingdom
             of
             Ireland
             ,
             Hold
             up
             thy
             hand
             ,
             look
             upon
             the
             Jury
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             Is
             
               Roger
               Palmer
            
             Esq
             ;
             Earl
             of
             Castlemain
             in
             the
             Kingdom
             of
             Ireland
             ,
             Guilty
             of
             the
             High
             Treason
             whereof
             he
             stands
             Indicted
             ,
             or
             not
             Guilty
             ?
          
        
         
           
             Jury
             ,
          
           
             Not
             Guilty
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             ,
          
           
             This
             is
             your
             Verdict
             ,
             You
             say
             he
             is
             not
             Guilty
             ,
             so
             you
             say
             all
             ?
          
        
         
           
             Jury
             ,
          
           
             Yes
             .
          
        
         
           FINIS
           .